Senate Bill sb1336

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    Florida Senate - 2005        (NP)                      SB 1336

    By Senator Pruitt





    rb01sa-05

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 20.121, 28.246, 28.35, 28.36,

  4         29.21, 34.191, 39.701, 63.087, 63.102, 70.20,

  5         101.161, 112.08, 112.63, 120.536, 211.06,

  6         215.20, 215.555, 216.023, 220.1895, 280.16,

  7         287.042, 287.17, 288.1224, 288.12265, 288.905,

  8         290.00689, 290.015, 311.125, 322.135, 327.395,

  9         339.55, 339.64, 364.604, 373.145, 373.1963,

10         373.4592, 376.71, 376.80, 378.034, 378.035,

11         381.0046, 381.0065, 381.103, 381.734, 393.0655,

12         393.068, 394.499, 394.82, 394.9083, 395.4001,

13         395.404, 397.416, 397.97, 400.1755, 400.179,

14         403.4154, 409.2563, 409.907, 409.9071, 409.908,

15         409.91188, 409.912, 420.504, 430.205, 440.05,

16         440.491, 440.591, 443.191, 445.003, 445.009,

17         455.2177, 455.32, 475.615, 489.146, 497.103,

18         497.140, 497.150, 497.152, 497.153, 497.160,

19         497.166, 497.167, 497.260, 497.369, 497.453,

20         497.458, 497.466, 497.550, 497.551, 497.603,

21         497.604, 497.608, 550.0251, 553.791, 553.8413,

22         556.112, 558.002, 558.004, 560.408, 570.71,

23         581.131, 620.9901, 624.426, 626.641, 627.6699,

24         627.736, 628.909, 633.0215, 636.240, 641.51,

25         648.50, 650.05, 655.948, 658.60, 663.02,

26         663.318, 668.602, 717.1400, 720.303, 720.402,

27         720.405, 744.3678, 744.7021, 782.081, 784.046,

28         895.02, 921.0022, 932.706, 943.125, 944.026,

29         944.1905, 944.803, 948.09, 948.30, 957.07,

30         958.045, 985.404, 1009.765, and 1012.796, F.S.;

31         reenacting ss. 110.161, 288.063, 381.0072,

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    Florida Senate - 2005        (NP)                      SB 1336
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 1         430.04, 446.051, 450.081, 489.531, 626.112,

 2         718.112, and 721.075, F.S.; and repealing ss.

 3         30.17, 202.205, 288.971, 295.184, 373.1995,

 4         394.498, 570.235, and 627.6685, F.S.; pursuant

 5         to s. 11.242, F.S.; deleting provisions that

 6         have expired, have become obsolete, have had

 7         their effect, have served their purpose, or

 8         have been impliedly repealed or superseded;

 9         replacing incorrect cross-references and

10         citations; correcting grammatical,

11         typographical, and like errors; removing

12         inconsistencies, redundancies, and unnecessary

13         repetition in the statutes; improving the

14         clarity of the statutes and facilitating their

15         correct interpretation; and confirming the

16         restoration of provisions unintentionally

17         omitted from republication in the acts of the

18         Legislature during the amendatory process.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Subsection (4) of section 20.121, Florida

23  Statutes, is repealed.

24  

25         Reviser's note.--Repealed to delete an obsolete

26         transitional provision for the rules of the

27         former Department of Banking and Finance and

28         the rules of the former Department of

29         Insurance.

30  

31  

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    Florida Senate - 2005        (NP)                      SB 1336
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 1         Section 2.  Effective October 1, 2005, subsection (5)

 2  of section 20.121, Florida Statutes, as amended by section 134

 3  of chapter 2004-301, Laws of Florida, is repealed.

 4  

 5         Reviser's note.--Repealed to delete an obsolete

 6         transitional provision for the rules of the

 7         former Department of Banking and Finance and

 8         the rules of the former Department of

 9         Insurance.

10  

11         Section 3.  Subsection (1) of section 28.246, Florida

12  Statutes, is amended to read:

13         28.246  Payment of court-related fees, charges, and

14  costs; partial payments; distribution of funds.--

15         (1)  Beginning July 1, 2003, The clerk of the circuit

16  court shall report the following information to the

17  Legislature and the Florida Clerks of Court Operations

18  Corporation Clerk of Court Operations Conference on a form

19  developed by the Department of Financial Services:

20         (a)  The total amount of mandatory fees, service

21  charges, and costs; the total amount actually assessed; the

22  total amount discharged, waived, or otherwise not assessed;

23  and the total amount collected.

24         (b)  The amount of discretionary fees, service charges,

25  and costs assessed; the total amount discharged; and the total

26  amount collected.

27         (c)  The total amount of mandatory fines and other

28  monetary penalties; the total amount assessed; the total

29  amount discharged, waived, or otherwise not assessed; and the

30  total amount collected.

31  

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 1         (d)  The amount of discretionary fines and other

 2  monetary penalties assessed; the amount discharged; and the

 3  total amount collected.

 4  

 5  If provided to the clerk of court by the judge, the clerk, in

 6  reporting the amount assessed, shall separately identify the

 7  amount assessed pursuant to s. 938.30 as community service;

 8  assessed by reducing the amount to a judgment or lien;

 9  satisfied by time served; or other. The form developed by the

10  Chief Financial Officer shall include separate entries for

11  recording these amounts. The clerk shall submit the report on

12  a quarterly basis 30 days after the end of the quarter for the

13  period from July 1, 2003, through June 30, 2004, and on an

14  annual basis thereafter, 60 days after the end of the county

15  fiscal year.

16  

17         Reviser's note.--Section 23, ch. 2004-265, Laws

18         of Florida, replaced the Clerk of Court

19         Operations Conference with the Florida Clerks

20         of Court Operations Corporation. Subsection (1)

21         is also amended to delete material that has

22         served its purpose.

23  

24         Section 4.  Paragraph (a) of subsection (3) of section

25  28.35, Florida Statutes, is amended to read:

26         28.35  Florida Clerks of Court Operations

27  Corporation.--

28         (3)(a)  The Clerks of Court Operations Corporation

29  shall certify to the President of the Senate, the Speaker of

30  the House of Representatives, the Chief Financial Officer, and

31  the Department of Revenue by October 15 of each year, the

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 1  amount of the proposed budget certified for each clerk; the

 2  revenue projection supporting each clerk's budget; each clerk

 3  eligible to retain some or all of the state's share of fines,

 4  fees, service charges, and costs; the amount to be paid to

 5  each clerk from the Clerks of the Court Trust Fund within the

 6  Department of Revenue; the performance measures and standards

 7  approved by the corporation conference for each clerk; and the

 8  performance of each clerk in meeting the performance

 9  standards.

10  

11         Reviser's note.--Section 23, ch. 2004-265, Laws

12         of Florida, replaced the Clerk of Court

13         Operations Conference with the Florida Clerks

14         of Court Operations Corporation.

15  

16         Section 5.  Paragraph (a) of subsection (3) of section

17  28.36, Florida Statutes, is amended to read:

18         28.36  Budget procedure.--There is hereby established a

19  budget procedure for the court-related functions of the clerks

20  of the court.

21         (3)  Each proposed budget shall further conform to the

22  following requirements:

23         (a)  On or before August 1 for each fiscal year

24  thereafter, the proposed budget shall be prepared, summarized,

25  and submitted by the clerk in each county to the Clerks of

26  Court Operations Corporation in the manner and form prescribed

27  by the corporation conference. The proposed budget must

28  provide detailed information on the anticipated revenues

29  available and expenditures necessary for the performance of

30  the standard list of court-related functions of the clerk's

31  

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 1  office developed pursuant to s. 28.35(4)(a) for the county

 2  fiscal year beginning the following October 1.

 3  

 4         Reviser's note.--Section 23, ch. 2004-265, Laws

 5         of Florida, replaced the Clerk of Court

 6         Operations Conference with the Florida Clerks

 7         of Court Operations Corporation.

 8  

 9         Section 6.  Section 29.21, Florida Statutes, is amended

10  to read:

11         29.21  Department of Management Services to provide

12  assistance in procuring services.--In accordance with s.

13  287.042, the Department of Management Services department may

14  assist the Office of the State Courts Administrator and the

15  Justice Administrative Commission with competitive

16  solicitations for the procurement of state-funded services

17  under this chapter. This may include assistance in the

18  development and review of proposals in compliance with chapter

19  287, and rules adopted under that chapter.

20  

21         Reviser's note.--Amended to improve clarity and

22         facilitate correct interpretation. The language

23         of this section is derived from subsection (2)

24         of s. 99, ch. 2004-265, Laws of Florida.

25         Subsection (1) of s. 99, ch. 2004-265, provides

26         for certain time-limited duties of the

27         Department of Management Services.

28  

29         Section 7.  Section 30.17, Florida Statutes, is

30  repealed.

31  

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 1         Reviser's note.--This section, which relates to

 2         docketing newly delivered writs of executions,

 3         until October 1, 2001, has served its purpose.

 4         The docket of executions was only required to

 5         be maintained until October 1, 2003.

 6  

 7         Section 8.  Section 34.191, Florida Statutes, is

 8  amended to read:

 9         34.191  Fines and forfeitures; dispositions.--All fines

10  and forfeitures arising from offenses tried in the county

11  court shall be collected and accounted for by the clerk of the

12  court and, other than the charge provided in s. 318.1215,

13  disbursed in accordance with ss. 28.2402, 34.045, 142.01, and

14  142.03 142.13 and subject to the provisions of s. 28.246(5)

15  and (6). Notwithstanding the provisions of this section, all

16  fines and forfeitures arising from operation of the provisions

17  of s. 318.1215 shall be disbursed in accordance with that

18  section. All fines and forfeitures received from violations of

19  municipal ordinances committed within a municipality within

20  the territorial jurisdiction of the county court, other than

21  the charge provided in s. 318.1215, shall be paid monthly to

22  the municipality except as provided in s. 28.2402(2), s.

23  34.045(2), s. 318.21, or s. 943.25. All other fines and

24  forfeitures collected by the clerk, other than the charge

25  provided in s. 318.1215, shall be considered income of the

26  office of the clerk for use in performing court-related duties

27  of the office.

28  

29         Reviser's note.--Amended to conform to the

30         repeal of s. 142.13 by s. 101, ch. 2004-265,

31         Laws of Florida. Section 142.03 relates to

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 1         disposition of fines, forfeitures, and civil

 2         penalties to municipalities.

 3  

 4         Section 9.  Paragraph (c) of subsection (2) and

 5  paragraph (a) of subsection (9) of section 39.701, Florida

 6  Statutes, are amended to read:

 7         39.701  Judicial review.--

 8         (2)

 9         (c)  Notice of a hearing by a citizen review panel must

10  be provided as set forth in subsection (5). At the conclusion

11  of a citizen review panel hearing, each party may propose a

12  recommended order to the chairperson of the panel. Thereafter,

13  the citizen review panel shall submit its report, copies of

14  the proposed recommended orders, and a copy of the panel's

15  recommended order to the court. The citizen review panel's

16  recommended order must be limited to the dispositional options

17  available to the court in subsection (9)(8). Each party may

18  file exceptions to the report and recommended order of the

19  citizen review panel in accordance with Rule 1.490, Florida

20  Rules of Civil Procedure.

21         (9)(a)  Based upon the criteria set forth in subsection

22  (8)(7) and the recommended order of the citizen review panel,

23  if any, the court shall determine whether or not the social

24  service agency shall initiate proceedings to have a child

25  declared a dependent child, return the child to the parent,

26  continue the child in out-of-home care for a specified period

27  of time, or initiate termination of parental rights

28  proceedings for subsequent placement in an adoptive home.

29  Modifications to the plan must be handled as prescribed in s.

30  39.601. If the court finds that the prevention or

31  reunification efforts of the department will allow the child

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 1  to remain safely at home or be safely returned to the home,

 2  the court shall allow the child to remain in or return to the

 3  home after making a specific finding of fact that the reasons

 4  for the creation of the case plan have been remedied to the

 5  extent that the child's safety, well-being, and physical,

 6  mental, and emotional health will not be endangered.

 7  

 8         Reviser's note.--Amended to conform to the

 9         redesignation of s. 39.701(8) as s. 39.701(9)

10         and the redesignation of s. 39.701(7) as s.

11         39.701(8) by s. 2, ch. 2004-362, Laws of

12         Florida.

13  

14         Section 10.  Paragraph (e) of subsection (4) of section

15  63.087, Florida Statutes, is amended to read:

16         63.087  Proceeding to terminate parental rights pending

17  adoption; general provisions.--

18         (4)  PETITION.--

19         (e)  The petition must include:

20         1.  The minor's name, gender, date of birth, and place

21  of birth. The petition must contain all names by which the

22  minor is or has been known, excluding the minor's prospective

23  adoptive name but including the minor's legal name at the time

24  of the filing of the petition. In the case of an infant child

25  whose adoptive name appears on the original birth certificate,

26  the adoptive name shall not be included in the petition, nor

27  shall it be included elsewhere in the termination of parental

28  rights proceeding.

29         2.  All information required by the Uniform Child

30  Custody Jurisdiction and Enforcement Act and the Indian Child

31  Welfare Act.

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 1         3.  A statement of the grounds under s. 63.089 upon

 2  which the petition is based.

 3         4.  The name, address, and telephone number of any

 4  adoption entity seeking to place the minor for adoption.

 5         5.  The name, address, and telephone number of the

 6  division of the circuit court in which the petition is to be

 7  filed.

 8         6.  A certification of compliance with the requirements

 9  of s. 63.0425 regarding notice to grandparents of an impending

10  adoption.

11  

12         Reviser's note.--Amended to conform to the

13         repeal and replacement of the Uniform Child

14         Custody Jurisdiction Act with the Uniform Child

15         Custody Jurisdiction and Enforcement Act by

16         chapter 2002-65, Laws of Florida.

17  

18         Section 11.  Subsection (2) of section 63.102, Florida

19  Statutes, is amended to read:

20         63.102  Filing of petition for adoption or declaratory

21  statement; venue; proceeding for approval of fees and costs.--

22         (2)  VENUE.--A petition for adoption or for a

23  declaratory statement as to the adoption contract shall be

24  filed in the county where the petition for termination of

25  parental rights was granted, unless the court, in accordance

26  with s. 47.122, changes the venue to the county where the

27  petitioner or petitioners or the minor resides or where the

28  adoption entity with which the minor has been placed is

29  located. The circuit court in this state must retain

30  jurisdiction over the matter until a final judgment is entered

31  on the adoption. The Uniform Child Custody Jurisdiction and

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 1  Enforcement Act does not apply until a final judgment is

 2  entered on the adoption.

 3  

 4         Reviser's note.--Amended to conform to the

 5         repeal and replacement of the Uniform Child

 6         Custody Jurisdiction Act with the Uniform Child

 7         Custody Jurisdiction and Enforcement Act by

 8         chapter 2002-65, Laws of Florida.

 9  

10         Section 12.  Subsection (13) of section 70.20, Florida

11  Statutes, is repealed.

12  

13         Reviser's note.--Repealed to delete obsolete

14         language relating to a study of the value of

15         offsite signs in relation to the valuation of

16         commercial properties for ad valorem tax

17         purposes. The Office of Program Policy Analysis

18         and Government Accountability was to have

19         completed the study by December 31, 2002.

20  

21         Section 13.  Subsection (3) of section 101.161, Florida

22  Statutes, is amended to read:

23         101.161  Referenda; ballots.--

24         (3)(a)  The ballot for the general election in the year

25  2000 must contain a statement allowing voters to determine

26  whether circuit or county court judges will be selected by

27  merit selection and retention as provided in s. 10, Art. V of

28  the State Constitution. The ballot in each circuit must

29  contain the statement in paragraph (c). The ballot in each

30  county must contain the statement in paragraph (e).

31  

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 1         (a)(b)  For any general election in which the Secretary

 2  of State, for any circuit, or the supervisor of elections, for

 3  any county, has certified the ballot position for an

 4  initiative to change the method of selection of judges, the

 5  ballot for any circuit must contain the statement in paragraph

 6  (b)(c) or paragraph (c)(d) and the ballot for any county must

 7  contain the statement in paragraph (d)(e) or paragraph (e)(f).

 8         (b)(c)  In any circuit where the initiative is to

 9  change the selection of circuit court judges to selection by

10  merit selection and retention, the ballot shall state: "Shall

11  the method of selecting circuit court judges in the ...(number

12  of the circuit)... judicial circuit be changed from election

13  by a vote of the people to selection by the judicial

14  nominating commission and appointment by the Governor with

15  subsequent terms determined by a retention vote of the

16  people?" This statement must be followed by the word "yes" and

17  also by the word "no."

18         (c)(d)  In any circuit where the initiative is to

19  change the selection of circuit court judges to election by

20  the voters, the ballot shall state: "Shall the method of

21  selecting circuit court judges in the ...(number of the

22  circuit)... judicial circuit be changed from selection by the

23  judicial nominating commission and appointment by the Governor

24  with subsequent terms determined by a retention vote of the

25  people to election by a vote of the people?" This statement

26  must be followed by the word "yes" and also by the word "no."

27         (d)(e)  In any county where the initiative is to change

28  the selection of county court judges to merit selection and

29  retention, the ballot shall state: "Shall the method of

30  selecting county court judges in ...(name of county)... be

31  changed from election by a vote of the people to selection by

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 1  the judicial nominating commission and appointment by the

 2  Governor with subsequent terms determined by a retention vote

 3  of the people?" This statement must be followed by the word

 4  "yes" and also by the word "no."

 5         (e)(f)  In any county where the initiative is to change

 6  the selection of county court judges to election by the

 7  voters, the ballot shall state: "Shall the method of selecting

 8  county court judges in ...(name of the county)... be changed

 9  from selection by the judicial nominating commission and

10  appointment by the Governor with subsequent terms determined

11  by a retention vote of the people to election by a vote of the

12  people?" This statement must be followed by the word "yes" and

13  also by the word "no."

14  

15         Reviser's note.--Amended to delete obsolete

16         language relating to the ballot for the general

17         election in the year 2000.

18  

19         Section 14.  Subsection (3) of section 110.161, Florida

20  Statutes, is reenacted to read:

21         110.161  State employees; pretax benefits program.--

22         (3)  It is found and declared that the maintenance of a

23  system of personnel management which ensures the state the

24  delivery of high-quality performance by employees is

25  facilitated by the state's ability to attract and retain

26  qualified personnel. The Legislature recognizes that the

27  public interest is best served by development of a benefits

28  program which is not only cost-efficient but sufficiently

29  flexible to meet the individual needs of its employees.

30  

31  

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 1         Reviser's note.--Section 6, ch. 2004-347, Laws

 2         of Florida, purported to amend subsections (2)

 3         and (3) but actually amended subsections (2)

 4         and (7), failing to publish subsection (3).

 5         Absent affirmative evidence that the

 6         Legislature intended to repeal it, subsection

 7         (3) is reenacted to confirm that the omission

 8         was not intended.

 9  

10         Section 15.  Paragraph (b) of subsection (2) of section

11  112.08, Florida Statutes, is amended to read:

12         112.08  Group insurance for public officers, employees,

13  and certain volunteers; physical examinations.--

14         (2)

15         (b)  In order to obtain approval from the Office of

16  Insurance Regulation of any self-insured plan for health,

17  accident, and hospitalization coverage, each local

18  governmental unit or consortium shall submit its plan along

19  with a certification as to the actuarial soundness of the

20  plan, which certification is prepared by an actuary who is a

21  member of the Society of Actuaries or the American Academy of

22  Actuaries. The Office of Insurance Regulation shall not

23  approve the plan unless it determines that the plan is

24  designed to provide sufficient revenues to pay current and

25  future liabilities, as determined according to generally

26  accepted actuarial principles. After implementation of an

27  approved plan, each local governmental unit or consortium

28  shall annually submit to the Office of Insurance Regulation a

29  report which includes a statement prepared by an actuary who

30  is a member of the Society of Actuaries or the American

31  Academy of Actuaries as to the actuarial soundness of the

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 1  plan. The report is due 90 days after the close of the fiscal

 2  year of the plan. The report shall consist of, but is not

 3  limited to:

 4         1.  The adequacy of contribution rates in meeting the

 5  level of benefits provided and the changes, if any, needed in

 6  the contribution rates to achieve or preserve a level of

 7  funding deemed adequate to enable payment of the benefit

 8  amounts provided under the plan and a valuation of present

 9  assets, based on statement value, and prospective assets and

10  liabilities of the plan and the extent of any unfunded accrued

11  liabilities.

12         2.  A plan to amortize any unfunded liabilities and a

13  description of actions taken to reduce unfunded liabilities.

14         3.  A description and explanation of actuarial

15  assumptions.

16         4.  A schedule illustrating the amortization of any

17  unfunded liabilities.

18         5.  A comparative review illustrating the level of

19  funds available to the plan from rates, investment income, and

20  other sources realized over the period covered by the report

21  with the assumptions used.

22         6.  A statement by the actuary that the report is

23  complete and accurate and that in the actuary's opinion the

24  techniques and assumptions used are reasonable and meet the

25  requirements and intent of this subsection.

26         7.  Other factors or statements as required by the

27  office Department of Insurance in order to determine the

28  actuarial soundness of the plan.

29  

30  All assumptions used in the report shall be based on

31  recognized actuarial principles acceptable to the Office of

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 1  Insurance Regulation. The office shall review the report and

 2  shall notify the administrator of the plan and each entity

 3  participating in the plan, as identified by the administrator,

 4  of any actuarial deficiencies. Each local governmental unit is

 5  responsible for payment of valid claims of its employees that

 6  are not paid within 60 days after receipt by the plan

 7  administrator or consortium.

 8  

 9         Reviser's note.--Amended to conform to the

10         transfer of certain functions of the Department

11         of Insurance to the Office of Insurance

12         Regulation of the Department of Financial

13         Services by ch. 2002-404, Laws of Florida.

14  

15         Section 16.  Subsection (2) of section 112.63, Florida

16  Statutes, is amended to read:

17         112.63  Actuarial reports and statements of actuarial

18  impact; review.--

19         (2)  The frequency of actuarial reports must be at

20  least every 3 years commencing from the last actuarial report

21  of the plan or system or October 1, 1980, if no actuarial

22  report has been issued within the 3-year period prior to

23  October 1, 1979. The results of each actuarial report shall be

24  filed with the plan administrator within 60 days of

25  certification. Thereafter, the results of each actuarial

26  report shall be made available for inspection upon request.

27  Additionally, each retirement system or plan covered by this

28  act which is not administered directly by the Department of

29  Management Services shall furnish a copy of each actuarial

30  report to the Department of Management Services within 60 days

31  after receipt from the actuary. The requirements of this

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 1  section are supplemental to actuarial valuations necessary to

 2  comply with the requirements of s. ss. 218.321 and 218.39.

 3  

 4         Reviser's note.--Amended to conform to the

 5         repeal of s. 218.321 by s. 27, ch. 2004-305,

 6         Laws of Florida.

 7  

 8         Section 17.  Paragraph (a) of subsection (2) and

 9  subsection (3) of section 120.536, Florida Statutes, are

10  repealed, and paragraph (b) of subsection (2) of that section

11  is amended to read:

12         120.536  Rulemaking authority; listing of rules

13  exceeding authority; repeal; challenge.--

14         (2)

15         (b)  By October 1, 1999, each agency shall provide to

16  the Administrative Procedures Committee a listing of each

17  rule, or portion thereof, adopted by that agency before June

18  18, 1999, which exceeds the rulemaking authority permitted by

19  this section. For those rules of which only a portion exceeds

20  the rulemaking authority permitted by this section, the agency

21  shall also identify the language of the rule which exceeds

22  this authority.  The Administrative Procedures Committee shall

23  combine the lists and provide the cumulative listing to the

24  President of the Senate and the Speaker of the House of

25  Representatives.  The Legislature shall, at the 2000 Regular

26  Session, consider whether specific legislation authorizing the

27  identified rules, or portions thereof, should be enacted.  By

28  January 1, 2001, each agency shall initiate proceedings

29  pursuant to s. 120.54 to repeal each rule, or portion thereof,

30  identified as exceeding the rulemaking authority permitted by

31  this section for which authorizing legislation does not exist.

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 1  By February 1, 2001, the Administrative Procedures Committee

 2  shall submit to the President of the Senate and the Speaker of

 3  the House of Representatives a report identifying those rules

 4  that an agency had previously identified as exceeding the

 5  rulemaking authority permitted by this section for which

 6  proceedings to repeal the rule have not been initiated.  As of

 7  July 1, 2001, The Administrative Procedures Committee or any

 8  substantially affected person may petition an agency to repeal

 9  any rule, or portion thereof, because it exceeds the

10  rulemaking authority permitted by this section.  Not later

11  than 30 days after the date of filing the petition if the

12  agency is headed by an individual, or not later than 45 days

13  if the agency is headed by a collegial body, the agency shall

14  initiate rulemaking proceedings to repeal the rule, or portion

15  thereof, or deny the petition, giving a written statement of

16  its reasons for the denial.

17  

18         Reviser's note.--Amended to delete provisions

19         that have served their purpose. Paragraph

20         (2)(a) related to a review of all rules adopted

21         prior to October 1, 1996. Subsection (3)

22         related to challenges to certain rules during

23         the rule review process.

24  

25         Section 18.  Section 202.205, Florida Statutes, is

26  repealed.

27  

28         Reviser's note.--Repealed to delete obsolete

29         language relating to transitional rates for

30         local communications services.

31  

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 1         Section 19.  Subsection (2) of section 211.06, Florida

 2  Statutes, is repealed.

 3  

 4         Reviser's note.--Repealed to delete an obsolete

 5         provision. This provision governs distributions

 6         for proceeds remaining in the Oil and Gas Tax

 7         Trust Fund through June 30, 1995.

 8  

 9         Section 20.  Subparagraph 8. of paragraph (j) of

10  subsection (4) of section 215.20, Florida Statutes, is

11  repealed.

12  

13         Reviser's note.--Repealed to conform to the

14         termination of the Forfeited Property Trust

15         Fund by s. 1, ch. 2004-234, Laws of Florida,

16         and the transfer of current balances and

17         revenues to the Internal Improvement Trust

18         Fund. The Internal Improvement Trust Fund is

19         already included in the list of funds under the

20         Department of Environmental Protection in

21         paragraph (4)(j).

22  

23         Section 21.  Paragraph (b) of subsection (6) of section

24  215.555, Florida Statutes, is amended to read:

25         215.555  Florida Hurricane Catastrophe Fund.--

26         (6)  REVENUE BONDS.--

27         (b)  Emergency assessments.--

28         1.  If the board determines that the amount of revenue

29  produced under subsection (5) is insufficient to fund the

30  obligations, costs, and expenses of the fund and the

31  corporation, including repayment of revenue bonds and that

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 1  portion of the debt service coverage not met by reimbursement

 2  premiums, the board shall direct the Office of Insurance

 3  Regulation to levy, by order, an emergency assessment on

 4  direct premiums for all property and casualty lines of

 5  business in this state, including property and casualty

 6  business of surplus lines insurers regulated under part VIII

 7  of chapter 626, but not including any workers' compensation

 8  premiums or medical malpractice premiums. As used in this

 9  subsection, the term "property and casualty business" includes

10  all lines of business identified on Form 2, Exhibit of

11  Premiums and Losses, in the annual statement required of

12  authorized insurers by s. 624.424 and any rule adopted under

13  this section, except for those lines identified as accident

14  and health insurance and except for policies written under the

15  National Flood Insurance Program. The assessment shall be

16  specified as a percentage of future premium collections and is

17  subject to annual adjustments by the board to reflect changes

18  in premiums subject to assessments collected under this

19  subparagraph in order to meet debt obligations. The same

20  percentage shall apply to all policies in lines of business

21  subject to the assessment issued or renewed during the

22  12-month period beginning on the effective date of the

23  assessment.

24         2.  A premium is not subject to an annual assessment

25  under this paragraph in excess of 6 percent of premium with

26  respect to obligations arising out of losses attributable to

27  any one contract year, and a premium is not subject to an

28  aggregate annual assessment under this paragraph in excess of

29  10 percent of premium. An annual assessment under this

30  paragraph shall continue until the revenue bonds issued with

31  respect to which the assessment was imposed are outstanding,

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 1  including any bonds the proceeds of which were used to refund

 2  the revenue bonds, unless adequate provision has been made for

 3  the payment of the bonds under the documents authorizing

 4  issuance of the bonds.

 5         3.  With respect to each insurer collecting premiums

 6  that are subject to the assessment, the insurer shall collect

 7  the assessment at the same time as it collects the premium

 8  payment for each policy and shall remit the assessment

 9  collected to the fund or corporation as provided in the order

10  issued by the Office of Insurance Regulation. The office shall

11  verify the accurate and timely collection and remittance of

12  emergency assessments and shall report the information to the

13  board in a form and at a time specified by the board. Each

14  insurer collecting assessments shall provide the information

15  with respect to premiums and collections as may be required by

16  the office to enable the office to monitor and verify

17  compliance with this paragraph.

18         4.  With respect to assessments of surplus lines

19  premiums, each surplus lines agent shall collect the

20  assessment at the same time as the agent collects the surplus

21  lines tax required by s. 626.932, and the surplus lines agent

22  shall remit the assessment to the Florida Surplus Lines

23  Service Office created by s. 626.921 at the same time as the

24  agent remits the surplus lines tax to the Florida Surplus

25  Lines Service Office. The emergency assessment on each insured

26  procuring coverage and filing under s. 626.938 shall be

27  remitted by the insured to the Florida Surplus Lines Service

28  Office at the time the insured pays the surplus lines tax to

29  the Florida Surplus Lines Service Office. The Florida Surplus

30  Lines Service Office shall remit the collected assessments to

31  the fund or corporation as provided in the order levied by the

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 1  Office of Insurance Regulation. The Florida Surplus Lines

 2  Service Office shall verify the proper application of such

 3  emergency assessments and shall assist the board in ensuring

 4  the accurate and timely collection and remittance of

 5  assessments as required by the board. The Florida Surplus

 6  Lines Service Office shall annually calculate the aggregate

 7  written premium on property and casualty business, other than

 8  workers' compensation and medical malpractice, procured

 9  through surplus lines agents and insureds procuring coverage

10  and filing under s. 626.938 and shall report the information

11  to the board in a form and at a time specified by the board.

12         5.  Any assessment authority not used for a particular

13  contract year may be used for a subsequent contract year. If,

14  for a subsequent contract year, the board determines that the

15  amount of revenue produced under subsection (5) is

16  insufficient to fund the obligations, costs, and expenses of

17  the fund and the corporation, including repayment of revenue

18  bonds and that portion of the debt service coverage not met by

19  reimbursement premiums, the board shall direct the Office of

20  Insurance Regulation to levy an emergency assessment up to an

21  amount not exceeding the amount of unused assessment authority

22  from a previous contract year or years, plus an additional 4

23  percent provided that the assessments in the aggregate do not

24  exceed the limits specified in subparagraph 2.

25         6.  The assessments otherwise payable to the

26  corporation under this paragraph shall be paid to the fund

27  unless and until the Office of Insurance Regulation and the

28  Florida Surplus Lines Service Office have received from the

29  corporation and the fund a notice, which shall be conclusive

30  and upon which they may rely without further inquiry, that the

31  corporation has issued bonds and the fund has no agreements in

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 1  effect with local governments under paragraph (c). On or after

 2  the date of the notice and until the date the corporation has

 3  no bonds outstanding, the fund shall have no right, title, or

 4  interest in or to the assessments, except as provided in the

 5  fund's agreement with the corporation.

 6         7.  Emergency assessments are not premium and are not

 7  subject to the premium tax, to the surplus lines tax, to any

 8  fees, or to any commissions. An insurer is liable for all

 9  assessments that it collects and must treat the failure of an

10  insured to pay an assessment as a failure to pay the premium.

11  An insurer is not liable for uncollectible assessments.

12         8.  When an insurer is required to return an unearned

13  premium, it shall also return any collected assessment

14  attributable to the unearned premium. A credit adjustment to

15  the collected assessment may be made by the insurer with

16  regard to future remittances that are payable to the fund or

17  corporation, but the insurer is not entitled to a refund.

18         9.  When a surplus lines insured or an insured who has

19  procured coverage and filed under s. 626.938 is entitled to

20  the return of an unearned premium, the Florida Surplus Lines

21  Service Office shall provide a credit or refund to the agent

22  or such insured for the collected assessment attributable to

23  the unearned premium prior to remitting the emergency

24  assessment collected to the fund or corporation.

25         10.  The exemption of medical malpractice insurance

26  premiums from emergency assessments under this paragraph is

27  repealed May 31, 2007, and medical malpractice insurance

28  premiums shall be subject to emergency assessments

29  attributable to loss events occurring in the contract years

30  commencing on June 1, 2007.

31  

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 1         Reviser's note.--Amended to conform to the

 2         correct name of the Florida Surplus Lines

 3         Service Office as referenced elsewhere in that

 4         paragraph.

 5  

 6         Section 22.  Subsection (5) of section 216.023, Florida

 7  Statutes, is amended to read:

 8         216.023  Legislative budget requests to be furnished to

 9  Legislature by agencies.--

10         (5)  At the time specified in the legislative budget

11  instructions and in sufficient time to be included in the

12  Governor's recommended budget, the judicial branch is required

13  to submit a performance-based program budget request. The

14  Chief Justice of the Supreme Court shall identify and, after

15  consultation with the Office of Program Policy Analysis and

16  Government Accountability, submit to the President of the

17  Senate and the Speaker of the House of Representatives a list

18  of proposed programs and associated performance measures. The

19  judicial branch shall provide documentation to accompany the

20  list of proposed programs and performance measures as provided

21  under subsection (4). The judicial branch shall submit a

22  performance-based program agency budget request using the

23  programs and performance measures adopted by the Legislature.

24  The Chief Justice may propose revisions to approved programs

25  or performance measures for the judicial branch. The

26  Legislature shall have final approval of all programs and

27  associated performance measures and standards for the judicial

28  branch through the General Appropriations Act or legislation

29  implementing the General Appropriations Act. By September 15,

30  2001, the Chief Justice of the Supreme Court shall submit to

31  the President of the Senate and the Speaker of the House of

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 1  Representatives a performance-based program budget request for

 2  programs of the judicial branch approved by the Legislature

 3  and provide a copy to the Executive Office of the Governor.

 4  

 5         Reviser's note.--Amended to delete a provision

 6         that has served its purpose.

 7  

 8         Section 23.  Section 220.1895, Florida Statutes, is

 9  amended to read:

10         220.1895  Rural Job Tax Credit and Urban High-Crime

11  Area Job Tax Credit.--There shall be allowed a credit against

12  the tax imposed by this chapter amounts approved by the Office

13  of Tourism, Trade, and Economic Development pursuant to the

14  Rural Job Tax Credit Program in s. 212.098 and the Urban

15  High-Crime Area Job Tax Credit Program in s. 212.097. A

16  corporation that uses its credit against the tax imposed by

17  this chapter may not take the credit against the tax imposed

18  by chapter 212. If any credit granted under this section is

19  not fully used in the first year for which it becomes

20  available, the unused amount may be carried forward for a

21  period not to exceed 5 years. The carryover may be used in a

22  subsequent year when the tax imposed by this chapter for such

23  year exceeds the credit for such year under this section after

24  applying the other credits and unused credit carryovers in the

25  order provided in s. 220.02(8). The Office of Tourism, Trade,

26  and Economic Development shall conduct a review of the Urban

27  High-Crime Area Job Tax Credit and the Rural Job Tax Credit

28  Program and submit its report to the Governor, the President

29  of the Senate, and the Speaker of the House of Representatives

30  by February 1, 2000.

31  

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 1         Reviser's note.--Amended to delete a provision

 2         that has served its purpose.

 3  

 4         Section 24.  Paragraph (d) of subsection (1) of section

 5  280.16, Florida Statutes, is amended to read:

 6         280.16  Requirements of qualified public depositories;

 7  confidentiality.--

 8         (1)  In addition to any other requirements specified in

 9  this chapter, qualified public depositories shall:

10         (d)  Submit to the Chief Financial Officer annually,

11  not later than November 30, a report of all public deposits

12  held for the credit of all public depositors at the close of

13  business on September 30. Such annual report shall consist of

14  public deposit information in a report format prescribed by

15  the Chief Financial Officer. The manner of required filing may

16  be as a signed writing or electronic data transmission, at the

17  discretion of the Chief Financial Officer Treasurer.

18  

19         Reviser's note.--Amended to conform to the

20         redesignation of the Treasurer as the Chief

21         Financial Officer by ch. 2002-404, Laws of

22         Florida.

23  

24         Section 25.  Paragraph (b) of subsection (3) of section

25  287.042, Florida Statutes, is amended to read:

26         287.042  Powers, duties, and functions.--The department

27  shall have the following powers, duties, and functions:

28         (3)  To establish a system of coordinated, uniform

29  procurement policies, procedures, and practices to be used by

30  agencies in acquiring commodities and contractual services,

31  which shall include, but not be limited to:

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 1         (b)1.  Development of procedures for advertising

 2  solicitations. These procedures must provide for electronic

 3  posting of solicitations for at least 10 days before the date

 4  set for receipt of bids, proposals, or replies, unless the

 5  department or other agency determines in writing that a

 6  shorter period of time is necessary to avoid harming the

 7  interests of the state. The Office of Supplier Diversity may

 8  consult with the department regarding the development of

 9  solicitation distribution procedures to ensure that maximum

10  distribution is afforded to certified minority business

11  enterprises as defined in s. 288.703.

12         2.  Development of procedures for electronic posting.

13  The department shall designate a centralized website on the

14  Internet for the department and other agencies to

15  electronically post solicitations, decisions or intended

16  decisions, and other matters relating to procurement. From

17  July 1, 2002, until July 1, 2003, the department shall publish

18  a notice in each edition of the Florida Administrative Weekly

19  which indicates the specific URL or Internet address for the

20  centralized website.

21  

22         Reviser's note.--Amended to delete a provision

23         that has served its purpose.

24  

25         Section 26.  Subsection (5) of section 287.17, Florida

26  Statutes, is repealed.

27  

28         Reviser's note.--Repealed to delete an obsolete

29         provision. The required reviews of motor

30         vehicle use were to be conducted by December

31         31, 2000.

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 1         Section 27.  Subsection (10) of section 288.063,

 2  Florida Statutes, is reenacted to read:

 3         288.063  Contracts for transportation projects.--

 4         (10)  In addition to the other provisions of this

 5  section, projects that the Legislature deems necessary to

 6  facilitate the economic development and growth of the state

 7  may be designated and funded in the General Appropriations

 8  Act. Such transportation projects create new employment

 9  opportunities, expand transportation infrastructure, improve

10  mobility, or increase transportation innovation. The Office of

11  Tourism, Trade, and Economic Development shall enter into

12  contracts with, and make expenditures to, the appropriate

13  entities for the costs of transportation projects designated

14  in the General Appropriations Act.

15  

16         Reviser's note.--Subsection (10) was amended by

17         s. 7, ch. 2004-242, Laws of Florida, to delete

18         the July 1, 2003, repeal formerly set out in

19         the section. Section 5, ch. 2004-6, a reviser's

20         bill, repealed the subsection pursuant to the

21         July 1, 2003, repeal. Absent affirmative

22         evidence of legislative intent to repeal it,

23         subsection (10) is reenacted to confirm its

24         status.

25  

26         Section 28.  Paragraph (e) of subsection (4) of section

27  288.1224, Florida Statutes, is repealed.

28  

29         Reviser's note.--Repealed to delete an obsolete

30         provision. The required review and subsequent

31         report were to be completed by January 1, 2003.

                                  28

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 1         Section 29.  Section 288.12265, Florida Statutes, is

 2  amended to read:

 3         288.12265  Welcome centers.--

 4         (1)  Effective July 1, 1999, Responsibility for the

 5  welcome centers is assigned to the Florida Commission on

 6  Tourism which shall contract with the commission's

 7  direct-support organization to employ all welcome center

 8  staff.  On or before June 30, 1999, all welcome center staff

 9  shall be offered employment through the direct-support

10  organization at the same salary such staff received through

11  the Department of Transportation, prior to July 1, 1999, but

12  with the same benefits provided by the direct-support

13  organization to the organization's employees.  Welcome center

14  employees shall have until January 1, 2000, to choose to be

15  employed by the direct-support organization or to remain

16  employed by the state.  Those employees who choose to remain

17  employed by the state may continue to be assigned by the

18  Department of Transportation to the welcome centers until June

19  30, 2001.  Upon vacating a career service position by a career

20  service employee, the position shall be abolished.  The

21  agreement between the Department of Transportation and the

22  Florida Commission on Tourism concerning the funding of

23  positions in the welcome centers shall continue until all

24  welcome center employees are employed by the direct-support

25  organization, or until those employees choosing to remain

26  employed by the state have found other state employment, or

27  until June 30, 2001, whichever occurs first.

28         (2)  Effective July 1, 1999, The Florida Commission on

29  Tourism, through its direct-support organization, shall

30  administer and operate the welcome centers.  Pursuant to a

31  contract with the Department of Transportation, the commission

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 1  shall be responsible for routine repair, replacement, or

 2  improvement and the day-to-day management of interior areas

 3  occupied by the welcome centers.  All other repairs,

 4  replacements, or improvements to the welcome centers shall be

 5  the responsibility of the Department of Transportation.

 6  

 7         Reviser's note.--Amended to delete provisions

 8         that have served their purpose.

 9  

10         Section 30.  Paragraph (c) of subsection (4) of section

11  288.905, Florida Statutes, is repealed.

12  

13         Reviser's note.--Repealed to delete a provision

14         that has served its purpose. The required

15         review and subsequent report were to be

16         completed by January 1, 2002.

17  

18         Section 31.  Section 288.971, Florida Statutes, is

19  repealed.

20  

21         Reviser's note.--Repealed to delete findings

22         which have served their purpose. The findings

23         refer to military base closing decisions

24         expected to be made in 1995 and reductions in

25         military spending and personnel by 1997.

26  

27         Section 32.  Subsection (6) of section 290.00689,

28  Florida Statutes, is repealed.

29  

30         Reviser's note.--Repealed to delete obsolete

31         provisions. The required review and evaluation

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 1         of an enterprise zone pilot project area was to

 2         be completed prior to the 2004 Regular Session

 3         of the Legislature. The report of findings and

 4         recommendations was to be submitted by January

 5         15, 2004.

 6  

 7         Section 33.  Subsection (3) of section 290.015, Florida

 8  Statutes, is repealed.

 9  

10         Reviser's note.--Repealed to delete an obsolete

11         provision. The required review and evaluation

12         of ss. 290.001-290.016 by substantive

13         committees was to be completed prior to the

14         2001 Regular Session of the Legislature.

15  

16         Section 34.  Section 295.184, Florida Statutes, is

17  repealed.

18  

19         Reviser's note.--Repealed to delete provisions

20         that have served their purpose. The

21         recommendations for the design and location of

22         the memorial to Florida World War II veterans

23         was to be submitted on or before January 31,

24         2002.

25  

26         Section 35.  Paragraph (a) of subsection (2) of section

27  311.125, Florida Statutes, is amended to read:

28         311.125  Uniform Port Access Credential System.--

29         (2)(a)  The Department of Highway Safety and Motor

30  Vehicles, in consultation with the Department of Law

31  Enforcement, the Florida Seaport Transportation and Economic

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 1  Development Council, the Florida Trucking Association, and the

 2  United States Transportation and Security Administration shall

 3  develop a Uniform Port Access Credential System for use in

 4  onsite verification of access authority for all persons on a

 5  seaport as defined in s. 311.12(2), utilizing the Uniform Port

 6  Access Credential Card as authorized herein. Each seaport, in

 7  a manner consistent with the "Port Security Standards

 8  Compliance Plan" delivered to the Speaker of the House of

 9  Representatives and the President of the Senate on December

10  11, 2000, pursuant to s. 311.12, and this section, is

11  responsible for granting, restricting, or modifying access

12  authority provided to each Uniform Port Access Credential Card

13  holder and promptly communicating the levels of access or

14  changes in the level of access to the department for its use

15  in administering the Uniform Port Access Credential System.

16  Each seaport is responsible for the proper operation and

17  maintenance of the Uniform Port Access Credential Card reader

18  and access verification utilizing the Uniform Port Access

19  Credential System at its location. The Uniform Port Access

20  Credential Card reader and Uniform Port Access Credential

21  System shall be utilized by each seaport to ensure compliance

22  with the access restrictions provided by s. 311.12.

23  

24         Reviser's note.--Amended to conform to the

25         correct title of the United States

26         Transportation Security Administration.

27  

28         Section 36.  Paragraph (b) of subsection (5) and

29  subsection (6) of section 322.135, Florida Statutes, are

30  amended to read:

31         322.135  Driver's license agents.--

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 1         (5)  The county tax collector at his or her option may

 2  apply to the department for approval by the executive director

 3  to be the exclusive agent of the department for his or her

 4  county to administer driver license services as provided and

 5  authorized in this chapter.

 6         (b)  The department shall provide a form for such

 7  application, which shall include the following information

 8  unless this information has been included in the report

 9  submitted by the Cost Determination and Allocation Task Force:

10         1.  Locations within the county where offices and

11  branch offices for driver license services are proposed.

12         2.  The designation by the tax collector of the driver

13  license functions to be performed by the tax collector in the

14  county.

15         3.  Any anticipated capital acquisition or construction

16  costs.

17         4.  A projection of equipment available or to be

18  provided by the department.

19         5.  All anticipated operating costs, including

20  facilities, equipment, and personnel to administer driver

21  license services.

22         (6)  Administration of driver license services by a

23  county tax collector as the exclusive agent of the department

24  must be revenue neutral with no adverse state fiscal impact

25  and with no adverse unfunded mandate to the tax collector.

26  Toward this end, the Cost Determination and Allocation Task

27  Force is created, to be established by July 1, 2001.  The task

28  force shall be composed of two representatives appointed by

29  the executive director of the department, two tax collectors

30  appointed by the president of the Florida Tax Collectors,

31  Inc., one from a small-population county and one from a

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 1  large-population county; one person appointed by the Speaker

 2  of the House of Representatives; one person appointed by the

 3  President of the Senate; and the Governor's appointee.  If

 4  requested by the task force, the Auditor General must provide

 5  technical assistance.  The purpose of the task force is to

 6  recommend the allocation of cost between the Department of

 7  Highway Safety and Motor Vehicles and tax collectors to

 8  administer driver license services authorized in this chapter.

 9  These recommendations must be submitted in a written report by

10  January 1, 2002.  The task force shall dissolve on January 1,

11  2002.  The written report shall be presented to the President

12  of the Senate, the Speaker of the House of Representatives,

13  and the Executive Office of the Governor, and shall contain

14  findings and determinations and related allocation

15  recommendations dealing with costs, both construction and

16  operating costs, of both the department and the applicable tax

17  collectors, appropriate allocations of costs between the

18  department and the tax collectors, and fee recommendations to

19  assure that the fees paid for these driver license services do

20  not result in a loss of revenue to the state in excess of

21  costs incurred by the state.

22  

23         Reviser's note.--Amended to delete obsolete

24         provisions. The Cost Determination and

25         Allocation Task Force was dissolved in 2002.

26  

27         Section 37.  Subsection (1) of section 327.395, Florida

28  Statutes, is amended to read:

29         327.395  Boating safety identification cards.--

30         (1)  Until October 1, 2001, a person born after

31  September 30, 1980, and on or after October 1, 2001, A person

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 1  21 years of age or younger may not operate a vessel powered by

 2  a motor of 10 horsepower or greater unless such person has in

 3  his or her possession aboard the vessel photographic

 4  identification and a boater safety identification card issued

 5  by the commission which shows that he or she has:

 6         (a)  Completed a commission-approved boater education

 7  course that meets the minimum 8-hour instruction requirement

 8  established by the National Association of State Boating Law

 9  Administrators;

10         (b)  Passed a course equivalency examination approved

11  by the commission; or

12         (c)  Passed a temporary certificate examination

13  developed or approved by the commission.

14  

15         Reviser's note.--Amended to delete an obsolete

16         provision.

17  

18         Section 38.  Subsection (4) of section 339.55, Florida

19  Statutes, is amended to read:

20         339.55  State-funded infrastructure bank.--

21         (4)  Except as provided in s. 339.137, To be eligible

22  for consideration, projects must be consistent, to the maximum

23  extent feasible, with local metropolitan planning organization

24  plans and local government comprehensive plans and must

25  provide a dedicated repayment source to ensure the loan is

26  repaid to the bank.

27  

28         Reviser's note.--Amended to conform to the

29         repeal of s. 339.137 by s. 10, ch. 2004-366,

30         Laws of Florida.

31  

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 1         Section 39.  Subsection (2) of section 339.64, Florida

 2  Statutes, is repealed.

 3  

 4         Reviser's note.--Repealed to delete an obsolete

 5         provision. The required report was to be

 6         delivered to the Governor and Legislature by

 7         December 15, 2003.

 8  

 9         Section 40.  Subsection (1) of section 364.604, Florida

10  Statutes, is amended to read:

11         364.604  Billing practices.--

12         (1)  Each billing party must clearly identify on its

13  bill the name and toll-free number of the originating party;

14  the telecommunications service or information service billed;

15  and the specific charges, taxes, and fees associated with each

16  telecommunications or information service. The originating

17  party is responsible for providing the billing party with all

18  required information. The toll-free number of the originating

19  party or its agent must be answered by a customer service

20  representative or a voice response unit. If the customer

21  reaches a voice response unit, the originating party or its

22  agent must initiate a response to a customer inquiry within 24

23  hours, excluding weekends and holidays.  Each

24  telecommunications carrier shall have until June 30, 1999, to

25  comply with this subsection.

26  

27         Reviser's note.--Amended to delete an obsolete

28         provision.

29  

30         Section 41.  Section 373.145, Florida Statutes, is

31  amended to read:

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 1         373.145  Information program regarding hydrologic

 2  conditioning and consumption of major surface and groundwater

 3  sources.--In order to aid in the development of a better

 4  understanding of the unique surface and groundwater resources

 5  of this state, the water management districts shall develop an

 6  information program designed to provide information concerning

 7  existing hydrologic conditions of major surface and

 8  groundwater sources in this state and suggestions for good

 9  conservation practices within those areas. The program shall

10  be developed by December 31, 2002. Beginning January 1, 2003,

11  and on a regular basis no less than every 6 months thereafter,

12  the information developed pursuant to this section shall be

13  distributed to every member of the Florida Senate and the

14  Florida House of Representatives and to local print and

15  broadcast news organizations. Each water management district

16  shall be responsible for the distribution of this information

17  within its established geographic area.

18  

19         Reviser's note.--Amended to delete a provision

20         that has served its purpose.

21  

22         Section 42.  Paragraph (f) of subsection (1) of section

23  373.1963, Florida Statutes, is amended to read:

24         373.1963  Assistance to West Coast Regional Water

25  Supply Authority.--

26         (1)  It is the intent of the Legislature to authorize

27  the implementation of changes in governance recommended by the

28  West Coast Regional Water Supply Authority in its reports to

29  the Legislature dated February 1, 1997, and January 5, 1998.

30  The authority and its member governments may reconstitute the

31  authority's governance and rename the authority under a

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 1  voluntary interlocal agreement with a term of not less than 20

 2  years. The interlocal agreement must comply with this

 3  subsection as follows:

 4         (f)  Upon execution of the voluntary interlocal

 5  agreement provided for herein, the authority shall jointly

 6  develop with the Southwest Florida Water Management District

 7  alternative sources of potable water and transmission

 8  pipelines to interconnect regionally significant water supply

 9  sources and facilities of the authority in amounts sufficient

10  to meet the needs of all member governments for a period of at

11  least 20 years and for natural systems. Nothing herein,

12  however, shall preclude the authority and its member

13  governments from developing traditional water sources pursuant

14  to the voluntary interlocal agreement. Development and

15  construction costs for alternative source facilities, which

16  may include a desalination facility and significant regional

17  interconnects, must be borne as mutually agreed to by both the

18  authority and the Southwest Florida Water Management District.

19  Nothing herein shall preclude authority or district cost

20  sharing with private entities for the construction or

21  ownership of alternative source facilities. By December 31,

22  1997, the authority and the Southwest Florida Water Management

23  District shall:1. enter into a mutually acceptable agreement

24  detailing the development and implementation of directives

25  contained in this paragraph.; or 

26         2.  Jointly prepare and submit to the President of the

27  Senate and the Speaker of the House of Representatives a

28  report describing the progress made and impediments

29  encountered in their attempts to implement the water resource

30  development and water supply development directives contained

31  in this paragraph. Nothing in this section shall be construed

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 1  to modify the rights or responsibilities of the authority or

 2  its member governments, except as otherwise provided herein,

 3  or of the Southwest Florida Water Management District or the

 4  department pursuant to this chapter or chapter 403 and as

 5  otherwise set forth by statutes.

 6  

 7         Reviser's note.--Amended to delete a provision

 8         that has served its purpose.

 9  

10         Section 43.  Section 373.1995, Florida Statutes, is

11  repealed.

12  

13         Reviser's note.--Repealed to delete an obsolete

14         provision. The required report and subsequent

15         action were to be completed prior to the

16         beginning of the 2001 Regular Legislative

17         Session.

18  

19         Section 44.  Paragraph (f) of subsection (4) of section

20  373.4592, Florida Statutes, is amended to read:

21         373.4592  Everglades improvement and management.--

22         (4)  EVERGLADES PROGRAM.--

23         (f)  EAA best management practices.--

24         1.  The district, in cooperation with the department,

25  shall develop and implement a water quality monitoring program

26  to evaluate the effectiveness of the BMPs in achieving and

27  maintaining compliance with state water quality standards and

28  restoring and maintaining designated and existing beneficial

29  uses. The program shall include an analysis of the

30  effectiveness of the BMPs in treating constituents that are

31  not being significantly improved by the STAs. The monitoring

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 1  program shall include monitoring of appropriate parameters at

 2  representative locations.

 3         2.  The district shall continue to require and enforce

 4  the BMP and other requirements of chapters 40E-61 and 40E-63,

 5  Florida Administrative Code, during the terms of the existing

 6  permits issued pursuant to those rules. Chapter 40E-61,

 7  Florida Administrative Code, may be amended to include the

 8  BMPs required by chapter 40E-63, Florida Administrative Code.

 9  Prior to the expiration of existing permits, and during each

10  5-year term of subsequent permits as provided for in this

11  section, those rules shall be amended to implement a

12  comprehensive program of research, testing, and implementation

13  of BMPs that will address all water quality standards within

14  the EAA and Everglades Protection Area. Under this program:

15         a.  EAA landowners, through the EAA Environmental

16  Protection District or otherwise, shall sponsor a program of

17  BMP research with qualified experts to identify appropriate

18  BMPs.

19         b.  Consistent with the water quality monitoring

20  program, BMPs will be field-tested in a sufficient number of

21  representative sites in the EAA to reflect soil and crop types

22  and other factors that influence BMP design and effectiveness.

23         c.  BMPs as required for varying crops and soil types

24  shall be included in permit conditions in the 5-year permits

25  issued pursuant to this section.

26         d.  The district shall conduct research in cooperation

27  with EAA landowners to identify water quality parameters that

28  are not being significantly improved either by the STAs or the

29  BMPs, and to identify further BMP strategies needed to address

30  these parameters.

31  

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 1         3.  The Legislature finds that through the

 2  implementation of the Everglades BMPs Program and the

 3  implementation of the Everglades Construction Project,

 4  reasonable further progress will be made towards addressing

 5  water quality requirements of the EAA canals and the

 6  Everglades Protection Area. Permittees within the EAA and the

 7  C-139 Basin who are in full compliance with the conditions of

 8  permits under chapters 40E-61 and 40E-63, Florida

 9  Administrative Code, have made all payments required under the

10  Everglades Program, and are in compliance with subparagraph

11  (a)7.(a)8., if applicable, shall not be required to implement

12  additional water quality improvement measures, prior to

13  December 31, 2006, other than those required by subparagraph

14  2., with the following exceptions:

15         a.  Nothing in this subparagraph shall limit the

16  existing authority of the department or the district to limit

17  or regulate discharges that pose a significant danger to the

18  public health and safety; and

19         b.  New land uses and new stormwater management

20  facilities other than alterations to existing agricultural

21  stormwater management systems for water quality improvements

22  shall not be accorded the compliance established by this

23  section. Permits may be required to implement improvements or

24  alterations to existing agricultural water management systems.

25         4.  As of December 31, 2006, all permits, including

26  those issued prior to that date, shall require implementation

27  of additional water quality measures, taking into account the

28  water quality treatment actually provided by the STAs and the

29  effectiveness of the BMPs. As of that date, no permittee's

30  discharge shall cause or contribute to any violation of water

31  quality standards in the Everglades Protection Area.

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 1         5.  Effective immediately, landowners within the C-139

 2  Basin shall not collectively exceed an annual average loading

 3  of phosphorus based proportionately on the historical rainfall

 4  for the C-139 Basin over the period of October 1, 1978, to

 5  September 30, 1988. New surface inflows shall not increase the

 6  annual average loading of phosphorus stated above. Provided

 7  that the C-139 Basin does not exceed this annual average

 8  loading, all landowners within the Basin shall be in

 9  compliance for that year. Compliance determinations for

10  individual landowners within the C-139 Basin for remedial

11  action, if the Basin is determined by the district to be out

12  of compliance for that year, shall be based on the landowners'

13  proportional share of the total phosphorus loading. The total

14  phosphorus discharge load shall be determined as set forth in

15  Appendix B2 of Rule 40E-63, Everglades Program, Florida

16  Administrative Code.

17         6.  The district, in cooperation with the department,

18  shall develop and implement a water quality monitoring program

19  to evaluate the quality of the discharge from the C-139 Basin.

20  Upon determination by the department or the district that the

21  C-139 Basin is exceeding any presently existing water quality

22  standards, the district shall require landowners within the

23  C-139 Basin to implement BMPs appropriate to the land uses

24  within the C-139 Basin consistent with subparagraph 2.

25  Thereafter, the provisions of subparagraphs 2.-4. shall apply

26  to the landowners within the C-139 Basin.

27  

28         Reviser's note.--Amended to conform to the

29         redesignation of subparagraph (4)(a)8. as

30         subparagraph (4)(a)7. by s. 1, ch. 2003-12,

31         Laws of Florida.

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 1         Section 45.  Section 376.71, Florida Statutes, is

 2  amended to read:

 3         376.71  Registration fee and gross receipts tax.--The

 4  registration fee and the gross receipts tax imposed under ss.

 5  376.303(1)(d) and 376.70 do not apply to uniform rental

 6  companies or linen supply companies.  Any such fee or tax that

 7  was imposed on and remitted, collected, or held in escrow by a

 8  uniform rental company or linen supply company from October 1,

 9  1994, and before October 1, 1995, is not payable to the State

10  of Florida, and, if remitted, shall be refunded by the

11  Department of Revenue.

12  

13         Reviser's note.--Amended to delete an obsolete

14         provision.

15  

16         Section 46.  Paragraph (c) of subsection (7) of section

17  376.80, Florida Statutes, is amended to read:

18         376.80  Brownfield program administration process.--

19         (7)  The contractor who is performing the majority of

20  the site rehabilitation program tasks pursuant to a brownfield

21  site rehabilitation agreement or supervising the performance

22  of such tasks by licensed subcontractors in accordance with

23  the provisions of s. 489.113(9) must certify to the department

24  that the contractor:

25         (c)  Maintains comprehensive general liability coverage

26  with limits of not less than $1 million per occurrence and $2

27  million general aggregate for bodily injury and property

28  damage and comprehensive automobile liability coverage with

29  limits of not less than $2 $1 million combined single limit.

30  The contractor shall also maintain pollution liability

31  coverage with limits of not less than $3 million aggregate for

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 1  personal injury or death, $1 million per occurrence for

 2  personal injury or death, and $1 million per occurrence for

 3  property damage. The contractor's certificate of insurance

 4  shall name the state as an additional insured party.

 5  

 6         Reviser's note.--Amended to correct an apparent

 7         coding error. The figure "$1" was inadvertently

 8         retained when the paragraph was amended by s.

 9         2, ch. 2004-40, Laws of Florida.

10  

11         Section 47.  Subsection (7) of section 378.034, Florida

12  Statutes, is amended to read:

13         378.034  Submission of a reclamation program request;

14  procedures.--

15         (7)  Until 1995, the funds available for approved

16  reclamation contracts and acquisitions of nonmandatory lands

17  shall not exceed 20 percent of the uncommitted fund balance of

18  the trust fund at the beginning of each year. The prioritized

19  list approved by the committee may contain more reclamation

20  program applications than there are funds available during the

21  year.

22  

23         Reviser's note.--Amended to delete an obsolete

24         provision.

25  

26         Section 48.  Paragraph (b) of subsection (5) of section

27  378.035, Florida Statutes, is amended to read:

28         378.035  Department responsibilities and duties with

29  respect to Nonmandatory Land Reclamation Trust Fund.--

30  

31  

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 1         (5)  Funds within the Nonmandatory Land Reclamation

 2  Trust Fund are also authorized for use by the department for

 3  the following purposes:

 4         (b)  For the abatement of an imminent hazard as

 5  provided by s. 403.4154(3) 403.4154(4) and for the purpose of

 6  closing an abandoned phosphogypsum stack system and carrying

 7  out postclosure care as provided by s. 403.4154(5)

 8  403.4154(6).

 9  

10         Reviser's note.--Amended to correct an apparent

11         error in the redesignation of cross-references

12         by s. 4, ch. 2003-423, Laws of Florida. Section

13         403.4154(4) relates to registration fees, and

14         s. 403.4154(6) does not exist.

15  

16         Section 49.  Subsection (3) of section 381.0046,

17  Florida Statutes, is repealed.

18  

19         Reviser's note.--Repealed to delete an obsolete

20         provision. The statewide Black Leadership

21         Conference on HIV and AIDS was to be conducted

22         by January 2000.

23  

24         Section 50.  Paragraph (j) of subsection (3) and

25  paragraph (j) of subsection (4) of section 381.0065, Florida

26  Statutes, are amended to read:

27         381.0065  Onsite sewage treatment and disposal systems;

28  regulation.--

29         (3)  DUTIES AND POWERS OF THE DEPARTMENT OF

30  HEALTH.--The department shall:

31  

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 1         (j)  Supervise research on, demonstration of, and

 2  training on the performance, environmental impact, and public

 3  health impact of onsite sewage treatment and disposal systems

 4  within this state.  Research fees collected under s.

 5  381.0066(2)(k) must be used to develop and fund hands-on

 6  training centers designed to provide practical information

 7  about onsite sewage treatment and disposal systems to septic

 8  tank contractors, master septic tank contractors, contractors,

 9  inspectors, engineers, and the public and must also be used to

10  fund research projects which focus on improvements of onsite

11  sewage treatment and disposal systems, including use of

12  performance-based standards and reduction of environmental

13  impact.  Research projects shall be initially approved by the

14  technical review and advisory panel and shall be applicable to

15  and reflect the soil conditions specific to Florida.  Such

16  projects shall be awarded through competitive negotiation,

17  using the procedures provided in s. 287.055, to public or

18  private entities that have experience in onsite sewage

19  treatment and disposal systems in Florida and that are

20  principally located in Florida.  Research projects shall not

21  be awarded to firms or entities that employ or are associated

22  with persons who serve on either the technical review and

23  advisory panel or the research review and advisory committee.

24         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

25  may not construct, repair, modify, abandon, or operate an

26  onsite sewage treatment and disposal system without first

27  obtaining a permit approved by the department. The department

28  may issue permits to carry out this section, but shall not

29  make the issuance of such permits contingent upon prior

30  approval by the Department of Environmental Protection. A

31  construction permit is valid for 18 months from the issuance

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 1  date and may be extended by the department for one 90-day

 2  period under rules adopted by the department.  A repair permit

 3  is valid for 90 days from the date of issuance. An operating

 4  permit must be obtained prior to the use of any aerobic

 5  treatment unit or if the establishment generates commercial

 6  waste. Buildings or establishments that use an aerobic

 7  treatment unit or generate commercial waste shall be inspected

 8  by the department at least annually to assure compliance with

 9  the terms of the operating permit. The operating permit for a

10  commercial wastewater system is valid for 1 year from the date

11  of issuance and must be renewed annually. The operating permit

12  for an aerobic treatment unit is valid for 2 years from the

13  date of issuance and must be renewed every 2 years.  If all

14  information pertaining to the siting, location, and

15  installation conditions or repair of an onsite sewage

16  treatment and disposal system remains the same, a construction

17  or repair permit for the onsite sewage treatment and disposal

18  system may be transferred to another person, if the transferee

19  files, within 60 days after the transfer of ownership, an

20  amended application providing all corrected information and

21  proof of ownership of the property.  There is no fee

22  associated with the processing of this supplemental

23  information.  A person may not contract to construct, modify,

24  alter, repair, service, abandon, or maintain any portion of an

25  onsite sewage treatment and disposal system without being

26  registered under part III of chapter 489.  A property owner

27  who personally performs construction, maintenance, or repairs

28  to a system serving his or her own owner-occupied

29  single-family residence is exempt from registration

30  requirements for performing such construction, maintenance, or

31  repairs on that residence, but is subject to all permitting

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 1  requirements. A municipality or political subdivision of the

 2  state may not issue a building or plumbing permit for any

 3  building that requires the use of an onsite sewage treatment

 4  and disposal system unless the owner or builder has received a

 5  construction permit for such system from the department. A

 6  building or structure may not be occupied and a municipality,

 7  political subdivision, or any state or federal agency may not

 8  authorize occupancy until the department approves the final

 9  installation of the onsite sewage treatment and disposal

10  system. A municipality or political subdivision of the state

11  may not approve any change in occupancy or tenancy of a

12  building that uses an onsite sewage treatment and disposal

13  system until the department has reviewed the use of the system

14  with the proposed change, approved the change, and amended the

15  operating permit.

16         (j)  An onsite sewage treatment and disposal system for

17  a single-family residence that is designed by a professional

18  engineer registered in the state and certified by such

19  engineer as complying with performance criteria adopted by the

20  department must be approved by the department subject to the

21  following:

22         1.  The performance criteria applicable to

23  engineer-designed systems must be limited to those necessary

24  to ensure that such systems do not adversely affect the public

25  health or significantly degrade the groundwater or surface

26  water.  Such performance criteria shall include consideration

27  of the quality of system effluent, the proposed total sewage

28  flow per acre, wastewater treatment capabilities of the

29  natural or replaced soil, water quality classification of the

30  potential surface-water-receiving body, and the structural and

31  maintenance viability of the system for the treatment of

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 1  domestic wastewater.  However, performance criteria shall

 2  address only the performance of a system and not a system's

 3  design.

 4         2.  The technical review and advisory panel shall

 5  assist the department in the development of performance

 6  criteria applicable to engineer-designed systems.  Workshops

 7  on the development of the rules delineating such criteria

 8  shall commence not later than September 1, 1996, and the

 9  department shall advertise such rules for public hearing no

10  later than October 1, 1997.

11         3.  A person electing to utilize an engineer-designed

12  system shall, upon completion of the system design, submit

13  such design, certified by a registered professional engineer,

14  to the county health department.  The county health department

15  may utilize an outside consultant to review the

16  engineer-designed system, with the actual cost of such review

17  to be borne by the applicant. Within 5 working days after

18  receiving an engineer-designed system permit application, the

19  county health department shall request additional information

20  if the application is not complete.  Within 15 working days

21  after receiving a complete application for an

22  engineer-designed system, the county health department either

23  shall issue the permit or, if it determines that the system

24  does not comply with the performance criteria, shall notify

25  the applicant of that determination and refer the application

26  to the department for a determination as to whether the system

27  should be approved, disapproved, or approved with

28  modification. The department engineer's determination shall

29  prevail over the action of the county health department.  The

30  applicant shall be notified in writing of the department's

31  

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 1  determination and of the applicant's rights to pursue a

 2  variance or seek review under the provisions of chapter 120.

 3         4.  The owner of an engineer-designed performance-based

 4  system must maintain a current maintenance service agreement

 5  with a maintenance entity permitted by the department. The

 6  maintenance entity shall obtain a biennial system operating

 7  permit from the department for each system under service

 8  contract.  The department shall inspect the system at least

 9  annually, or on such periodic basis as the fee collected

10  permits, and may collect system-effluent samples if

11  appropriate to determine compliance with the performance

12  criteria. The fee for the biennial operating permit shall be

13  collected beginning with the second year of system operation.

14  The maintenance entity shall inspect each system at least

15  twice each year and shall report quarterly to the department

16  on the number of systems inspected and serviced.

17         5.  If an engineer-designed system fails to properly

18  function or fails to meet performance standards, the system

19  shall be re-engineered, if necessary, to bring the system into

20  compliance with the provisions of this section.

21  

22         Reviser's note.--Paragraph (3)(j) is amended to

23         conform to the correct name of the "technical

24         review and advisory panel" as created in s.

25         381.0068. Paragraph (4)(j) is amended to delete

26         an obsolete provision.

27  

28         Section 51.  Paragraph (a) of subsection (3) and

29  paragraph (a) of subsection (4) of section 381.0072, Florida

30  Statutes, are reenacted to read:

31  

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 1         381.0072  Food service protection.--It shall be the

 2  duty of the Department of Health to adopt and enforce

 3  sanitation rules consistent with law to ensure the protection

 4  of the public from food-borne illness. These rules shall

 5  provide the standards and requirements for the storage,

 6  preparation, serving, or display of food in food service

 7  establishments as defined in this section and which are not

 8  permitted or licensed under chapter 500 or chapter 509.

 9         (3)  LICENSES REQUIRED.--

10         (a)  Licenses; annual renewals.--Each food service

11  establishment regulated under this section shall obtain a

12  license from the department annually.  Food service

13  establishment licenses shall expire annually and shall not be

14  transferable from one place or individual to another.

15  However, those facilities licensed by the department's Office

16  of Licensure and Certification, the Child Care Services

17  Program Office, or the Developmental Disabilities Program

18  Office are exempt from this subsection.  It shall be a

19  misdemeanor of the second degree, punishable as provided in s.

20  381.0061, s. 775.082, or s. 775.083, for such an establishment

21  to operate without this license.  The department may refuse a

22  license, or a renewal thereof, to any establishment that is

23  not constructed or maintained in accordance with law and with

24  the rules of the department.  Annual application for renewal

25  shall not be required.

26         (4)  LICENSE; INSPECTION; FEES.--

27         (a)  The department is authorized to collect fees from

28  establishments licensed under this section and from those

29  facilities exempted from licensure under paragraph (3)(a).  It

30  is the intent of the Legislature that the total fees assessed

31  

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 1  under this section be in an amount sufficient to meet the cost

 2  of carrying out the provisions of this section.

 3  

 4         Reviser's note.--Section 9, ch. 2004-350, Laws

 5         of Florida, purported to amend paragraphs

 6         (3)(a) and (4)(a), but failed to publish the

 7         amended paragraphs. In the absence of

 8         affirmative evidence that the Legislature

 9         intended to repeal the paragraphs, paragraphs

10         (3)(a) and (4)(a) are reenacted to confirm that

11         the omission was not intended.

12  

13         Section 52.  Subsection (5) of section 381.103, Florida

14  Statutes, is repealed.

15  

16         Reviser's note.--Repealed to delete an obsolete

17         provision. The required report on the findings,

18         accomplishments, and recommendations of the

19         Community Health pilot projects was to be

20         submitted no later than January 1, 2001.

21  

22         Section 53.  Subsection (6) of section 381.734, Florida

23  Statutes, is amended to read:

24         381.734  Healthy Communities, Healthy People Program.--

25         (6)  The Office of Program Policy Analysis and

26  Government Accountability shall evaluate and report to the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives, by March 1, 2005, on the

29  effectiveness of the department's monitoring and assessment of

30  the program's effectiveness.

31  

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 1         Reviser's note.--Amended to conform to the

 2         complete title of the Office of Program Policy

 3         Analysis and Government Accountability.

 4  

 5         Section 54.  Subsection (1) of section 393.0655,

 6  Florida Statutes, is amended to read:

 7         393.0655  Screening of direct service providers.--

 8         (1)  MINIMUM STANDARDS.--The agency shall require level

 9  2 employment screening pursuant to chapter 435 for direct

10  service providers who are unrelated to their clients,

11  including support coordinators, and managers and supervisors

12  of residential facilities or comprehensive transitional

13  education programs licensed under s. 393.067 393.967 and any

14  other person, including volunteers, who provide care or

15  services, who have access to a client's living areas, or who

16  have access to a client's funds or personal property.

17  Background screening shall include employment history checks

18  as provided in s. 435.03(1) and local criminal records checks

19  through local law enforcement agencies.

20         (a)  A volunteer who assists on an intermittent basis

21  for less than 40 hours per month does not have to be screened

22  if the volunteer is under the direct and constant supervision

23  of persons who meet the screening requirements of this

24  section.

25         (b)  Licensed physicians, nurses, or other

26  professionals licensed and regulated by the Department of

27  Health are not subject to background screening pursuant to

28  this section if they are providing a service that is within

29  their scope of licensed practice.

30         (c)  A person selected by the family or the individual

31  with developmental disabilities and paid by the family or the

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 1  individual to provide supports or services is not required to

 2  have a background screening under this section.

 3         (d)  Persons residing with the direct services

 4  provider, including family members, are subject to background

 5  screening; however, such persons who are 12 to 18 years of age

 6  shall be screened for delinquency records only.

 7  

 8         Reviser's note.--Amended to correct an apparent

 9         error and facilitate correct interpretation.

10         Section 393.967 does not exist; s. 393.067

11         relates to licensure of comprehensive

12         transitional education programs.

13  

14         Section 55.  Subsection (3) of section 393.068, Florida

15  Statutes, is amended to read:

16         393.068  Family care program.--

17         (3)  When it is determined by the agency to be more

18  cost-effective and in the best interest of the client to

19  maintain such client in the home of a direct service provider,

20  the parent or guardian of the client or, if competent, the

21  client may enroll the client in the family care program. The

22  direct service provider of a client enrolled in the family

23  care program shall be reimbursed according to a rate schedule

24  set by the agency. In-home subsidies cited in paragraph

25  (2)(d)(1)(d) shall be provided according to s. 393.0695 and

26  are not subject to any other payment method or rate schedule

27  provided for in this section.

28  

29         Reviser's note.--Amended to conform to the

30         redesignation of subunits within s. 393.068 by

31         s. 76, ch. 2004-267, Laws of Florida.

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 1         Section 56.  Section 394.498, Florida Statutes, is

 2  repealed.

 3  

 4         Reviser's note.--The cited section, which

 5         relates to the Child and Adolescent Interagency

 6         System of Care Demonstration Models, has served

 7         its purpose. Findings and conclusions for the

 8         models and recommendations for statewide

 9         implementation were to be included in a report

10         to the Legislature by December 31, 2001.

11  

12         Section 57.  Subsection (3) of section 394.499, Florida

13  Statutes, is repealed, and subsection (1) of that section is

14  amended to read:

15         394.499  Integrated children's crisis stabilization

16  unit/juvenile addictions receiving facility services.--

17         (1)  Beginning July 1, 2001, the Department of Children

18  and Family Services, in consultation with the Agency for

19  Health Care Administration, is authorized to establish

20  children's behavioral crisis unit demonstration models in

21  Collier, Lee, and Sarasota Counties. By December 31, 2003, the

22  department shall submit to the President of the Senate, the

23  Speaker of the House of Representatives, and the chairs of the

24  Senate and House committees that oversee departmental

25  activities a report that evaluates the number of clients

26  served, quality of services, performance outcomes, and

27  feasibility of continuing or expanding the demonstration

28  models. Beginning July 1, 2004, subject to approval by the

29  Legislature, the department, in cooperation with the agency,

30  may expand the demonstration models to other areas in the

31  state. The children's behavioral crisis unit demonstration

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 1  models will integrate children's mental health crisis

 2  stabilization units with substance abuse juvenile addictions

 3  receiving facility services, to provide emergency mental

 4  health and substance abuse services that are integrated within

 5  facilities licensed and designated by the agency for children

 6  under 18 years of age who meet criteria for admission or

 7  examination under this section. The services shall be

 8  designated as "integrated children's crisis stabilization

 9  unit/juvenile addictions receiving facility services," shall

10  be licensed by the agency as children's crisis stabilization

11  units, and shall meet all licensure requirements for crisis

12  stabilization units. The department, in cooperation with the

13  agency, shall develop standards that address eligibility

14  criteria; clinical procedures; staffing requirements;

15  operational, administrative, and financing requirements; and

16  investigation of complaints for such integrated facility

17  services. Standards that are implemented specific to substance

18  abuse services shall meet or exceed existing standards for

19  addictions receiving facilities.

20  

21         Reviser's note.--Subsection (1) is amended to

22         delete a provision that has served its purpose;

23         it required a report relating to children's

24         behavioral crisis unit demonstration models by

25         December 31, 2003. Subsection (3) is repealed

26         to delete a provision that has served its

27         purpose; the Department of Children and Family

28         Services was to report on an evaluation by

29         December 31, 2003.

30  

31  

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 1         Section 58.  Subsection (4) of section 394.82, Florida

 2  Statutes, is repealed, and subsection (6) of that section is

 3  amended to read:

 4         394.82  Funding of expanded services.--

 5         (5)(6)  The provisions of subsections (1) and (4)(5)

 6  shall be implemented to the extent of available appropriations

 7  contained in the annual General Appropriations Act for such

 8  purposes.

 9  

10         Reviser's note.--Subsection (4) is repealed to

11         delete provisions that have served their

12         purpose; the Department of Children and Family

13         Services was directed to submit reports on

14         October 1, 2002, and October 1, 2003.

15         Subsection (6) is amended to conform a

16         cross-reference to the renumbering of subunits

17         necessitated by the repeal of subsection (4) by

18         this act.

19  

20         Section 59.  Subsection (2) of section 394.9083,

21  Florida Statutes, is repealed.

22  

23         Reviser's note.--Repealed to delete a provision

24         that has served its purpose; a report by the

25         Behavioral Health Services Integration

26         Workgroup was to be submitted by January 1,

27         2002.

28  

29         Section 60.  Paragraph (b) of subsection (5) and

30  subsection (7) of section 395.4001, Florida Statutes, are

31  amended to read:

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 1         395.4001  Definitions.--As used in this part, the term:

 2         (5)  "Level I trauma center" means a trauma center

 3  that:

 4         (b)  Serves as a resource facility to Level II trauma

 5  centers, pediatric trauma referral centers, and general

 6  hospitals through shared outreach, education, and quality

 7  improvement activities.

 8         (7)  "Pediatric trauma referral center" means a

 9  hospital that is verified by the department to be in

10  substantial compliance with pediatric trauma center standards

11  as established by rule of the department and has been approved

12  by the department to operate as a pediatric trauma center.

13  

14         Reviser's note.--Amended to conform to the

15         revision of the term "pediatric trauma referral

16         center" to "pediatric trauma center" throughout

17         statutory material relating to the subject by

18         ch. 2004-259, Laws of Florida.

19  

20         Section 61.  Subsection (2) of section 395.404, Florida

21  Statutes, is amended to read:

22         395.404  Review of trauma registry data; report to

23  central registry; confidentiality and limited release.--

24         (2)  Each trauma center, pediatric trauma referral

25  center, and acute care hospital shall report to the

26  department's brain and spinal cord injury central registry,

27  consistent with the procedures and timeframes of s. 381.74,

28  any person who has a moderate-to-severe brain or spinal cord

29  injury, and shall include in the report the name, age,

30  residence, and type of disability of the individual and any

31  additional information that the department finds necessary.

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 1         Reviser's note.--Amended to conform to the

 2         revision of the term "pediatric trauma referral

 3         center" to "pediatric trauma center" throughout

 4         statutory material relating to the subject by

 5         ch. 2004-259, Laws of Florida.

 6  

 7         Section 62.  Subsection (1) of section 397.416, Florida

 8  Statutes, is repealed.

 9  

10         Reviser's note.--The cited subsection, which

11         allows persons with certain master's degrees

12         and minimum experience to perform as qualified

13         professionals with respect to substance abuse

14         treatment services until January 1, 2001, has

15         served its purpose.

16  

17         Section 63.  Subsection (4) of section 397.97, Florida

18  Statutes, is repealed.

19  

20         Reviser's note.--Repealed to conform to the

21         repeal of s. 394.498 by this act.

22  

23         Section 64.  Section 400.1755, Florida Statutes, is

24  amended to read:

25         400.1755  Care for persons with Alzheimer's disease or

26  related disorders.--

27         (1)  As a condition of licensure, facilities licensed

28  under this part must provide to each of their employees, upon

29  beginning employment, basic written information about

30  interacting with persons with Alzheimer's disease or a related

31  disorder.

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 1         (2)  All employees who are expected to, or whose

 2  responsibilities require them to, have direct contact with

 3  residents with Alzheimer's disease or a related disorder must,

 4  in addition to being provided the information required in

 5  subsection (1), also have an initial training of at least 1

 6  hour completed in the first 3 months after beginning

 7  employment. This training must include, but is not limited to,

 8  an overview of dementias and must provide basic skills in

 9  communicating with persons with dementia.

10         (3)  An individual who provides direct care shall be

11  considered a direct caregiver and must complete the required

12  initial training and an additional 3 hours of training within

13  9 months after beginning employment. This training shall

14  include, but is not limited to, managing problem behaviors,

15  promoting the resident's independence in activities of daily

16  living, and skills in working with families and caregivers.

17         (a)  The required 4 hours of training for certified

18  nursing assistants are part of the total hours of training

19  required annually.

20         (b)  For a health care practitioner as defined in s.

21  456.001, continuing education hours taken as required by that

22  practitioner's licensing board shall be counted toward this

23  total of 4 hours.

24         (4)  For an employee who is a licensed health care

25  practitioner as defined in s. 456.001, training that is

26  sanctioned by that practitioner's licensing board shall be

27  considered to be approved by the Department of Elderly

28  Affairs.

29         (5)  The Department of Elderly Affairs or its designee

30  must approve the initial and continuing training provided in

31  the facilities. The department must approve training offered

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 1  in a variety of formats, including, but not limited to,

 2  Internet-based training, videos, teleconferencing, and

 3  classroom instruction. The department shall keep a list of

 4  current providers who are approved to provide initial and

 5  continuing training. The department shall adopt rules to

 6  establish standards for the trainers and the training required

 7  in this section.

 8         (6)  Upon completing any training listed in this

 9  section, the employee or direct caregiver shall be issued a

10  certificate that includes the name of the training provider,

11  the topic covered, and the date and signature of the training

12  provider.  The certificate is evidence of completion of

13  training in the identified topic, and the employee or direct

14  caregiver is not required to repeat training in that topic if

15  the employee or direct caregiver changes employment to a

16  different facility or to an assisted living facility, home

17  health agency, adult day care center, or adult family-care

18  home.  The direct caregiver must comply with other applicable

19  continuing education requirements.

20  

21  An employee hired on or after July 1, 2001, need not comply

22  with the guidelines created in this section before July 1,

23  2002.

24  

25         Reviser's note.--Amended to delete a provision

26         that has served its purpose.

27  

28         Section 65.  Sub-subparagraph b. of subparagraph 2. of

29  paragraph (d) of subsection (5) of section 400.179, Florida

30  Statutes, is repealed.

31  

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 1         Reviser's note.--The cited sub-subparagraph,

 2         which directs the Agency for Health Care

 3         Administration to conduct a study and make

 4         recommendations regarding the minimum amount to

 5         be held in reserve to protect against certain

 6         Medicaid overpayments in a report to be

 7         submitted by January 1, 2003, has served its

 8         purpose.

 9  

10         Section 66.  Paragraph (g) of subsection (3) of section

11  403.4154, Florida Statutes, is amended to read:

12         403.4154  Phosphogypsum management program.--

13         (3)  ABATEMENT OF IMMINENT HAZARD.--

14         (g)  The department may impose a lien on the real

15  property on which the phosphogypsum stack system that poses an

16  imminent hazard is located and on the real property underlying

17  and other assets located at associated phosphate fertilizer

18  production facilities equal in amount to the moneys expended

19  from the Nonmandatory Land Reclamation Trust Fund pursuant to

20  paragraph (e)(d), including attorney's fees and court costs.

21  The owner of any property on which such a lien is imposed is

22  entitled to a release of the lien upon payment to the

23  department of the lien amount. The lien imposed by this

24  section does not take priority over any other prior perfected

25  lien on the real property, personal property, or other assets

26  referenced in this paragraph, including, but not limited to,

27  the associated phosphate rock mine and reserves.

28  

29         Reviser's note.--Amended to conform to the

30         redesignation of subunits of subsection (3) by

31         s. 8, ch. 2003-423, Laws of Florida.

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 1         Section 67.  Paragraph (a) of subsection (17) of

 2  section 409.2563, Florida Statutes, is repealed, and paragraph

 3  (m) of subsection (4) of that section is amended to read:

 4         409.2563  Administrative establishment of child support

 5  obligations.--

 6         (4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

 7  SUPPORT ORDER.--To commence a proceeding under this section,

 8  the department shall provide to the custodial parent and serve

 9  the noncustodial parent with a notice of proceeding to

10  establish administrative support order and a blank financial

11  affidavit form. The notice must state:

12         (m)  That, neither the department nor the Division of

13  Administrative Hearings has jurisdiction to award or change

14  child custody or rights of parental contact and these issues

15  may only be addressed in circuit court.

16         1.  The noncustodial parent may request in writing that

17  the department proceed in circuit court to determine his or

18  her support obligations.

19         2.  The noncustodial parent may state in writing to the

20  department his or her intention to address issues concerning

21  custody or rights to parental contact in circuit court.

22         3.  If the noncustodial parent submits the request

23  authorized in subparagraph 1., or the statement authorized in

24  subparagraph 2. to the department within 20 days after the

25  receipt of the initial notice, the department shall file a

26  petition in circuit court for the determination of the

27  noncustodial parent's child support obligations, and shall

28  send to the noncustodial parent a copy of its petition, a

29  notice of commencement of action, and a request for waiver of

30  service of process as provided in the Florida Rules of Civil

31  Procedure.

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 1         4.  If, within 10 days after receipt of the

 2  department's petition and waiver of service, the noncustodial

 3  parent signs and returns the waiver of service form to the

 4  department, the department shall terminate the administrative

 5  proceeding without prejudice and proceed in circuit court.

 6         5.  In any circuit court action filed by the department

 7  pursuant to this paragraph or filed by a noncustodial parent

 8  or other person pursuant to paragraph (l) or paragraph (n),

 9  the department shall be a party only with respect to those

10  issues of support allowed and reimbursable under Title IV-D of

11  the Social Security Act. It is the responsibility of the

12  noncustodial parent or other person to take the necessary

13  steps to present other issues for the court to consider.

14  

15  The department may serve the notice of proceeding to establish

16  administrative support order by certified mail, restricted

17  delivery, return receipt requested. Alternatively, the

18  department may serve the notice by any means permitted for

19  service of process in a civil action. For purposes of this

20  section, an authorized employee of the department may serve

21  the notice and execute an affidavit of service. Service by

22  certified mail is completed when the certified mail is

23  received or refused by the addressee or by an authorized agent

24  as designated by the addressee in writing. If a person other

25  than the addressee signs the return receipt, the department

26  shall attempt to reach the addressee by telephone to confirm

27  whether the notice was received, and the department shall

28  document any telephonic communications. If someone other than

29  the addressee signs the return receipt, the addressee does not

30  respond to the notice, and the department is unable to confirm

31  that the addressee has received the notice, service is not

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 1  completed and the department shall attempt to have the

 2  addressee served personally. The department shall provide the

 3  custodial parent or caretaker relative with a copy of the

 4  notice by regular mail to the last known address of the

 5  custodial parent or caretaker.

 6  

 7         Reviser's note.--Paragraph (4)(m) is amended to

 8         conform to the complete title of the Florida

 9         Rules of Civil Procedure. Paragraph (17)(a) is

10         repealed to delete provisions that have served

11         their purpose; the paragraph provided for

12         establishment and evaluation of a study area,

13         with reports due June 30, 2002; June 30, 2003;

14         and June 30, 2004.

15  

16         Section 68.  Subsection (7) of section 409.907, Florida

17  Statutes, is amended to read:

18         409.907  Medicaid provider agreements.--The agency may

19  make payments for medical assistance and related services

20  rendered to Medicaid recipients only to an individual or

21  entity who has a provider agreement in effect with the agency,

22  who is performing services or supplying goods in accordance

23  with federal, state, and local law, and who agrees that no

24  person shall, on the grounds of handicap, race, color, or

25  national origin, or for any other reason, be subjected to

26  discrimination under any program or activity for which the

27  provider receives payment from the agency.

28         (7)  The agency may require, as a condition of

29  participating in the Medicaid program and before entering into

30  the provider agreement, that the provider submit information,

31  in an initial and any required renewal applications,

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 1  concerning the professional, business, and personal background

 2  of the provider and permit an onsite inspection of the

 3  provider's service location by agency staff or other personnel

 4  designated by the agency to perform this function. The agency

 5  shall perform a random onsite inspection, within 60 days after

 6  receipt of a fully complete new provider's application, of the

 7  provider's service location prior to making its first payment

 8  to the provider for Medicaid services to determine the

 9  applicant's ability to provide the services that the applicant

10  is proposing to provide for Medicaid reimbursement. The agency

11  is not required to perform an onsite inspection of a provider

12  or program that is licensed by the agency, that provides

13  services under waiver programs for home and community-based

14  services, or that is licensed as a medical foster home by the

15  Department of Children and Family Services. As a continuing

16  condition of participation in the Medicaid program, a provider

17  shall immediately notify the agency of any current or pending

18  bankruptcy filing. Before entering into the provider

19  agreement, or as a condition of continuing participation in

20  the Medicaid program, the agency may also require that

21  Medicaid providers reimbursed on a fee-for-services basis or

22  fee schedule basis which is not cost-based, post a surety bond

23  not to exceed $50,000 or the total amount billed by the

24  provider to the program during the current or most recent

25  calendar year, whichever is greater. For new providers, the

26  amount of the surety bond shall be determined by the agency

27  based on the provider's estimate of its first year's billing.

28  If the provider's billing during the first year exceeds the

29  bond amount, the agency may require the provider to acquire an

30  additional bond equal to the actual billing level of the

31  provider. A provider's bond shall not exceed $50,000 if a

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 1  physician or group of physicians licensed under chapter 458,

 2  chapter 459, or chapter 460 has a 50 percent or greater

 3  ownership interest in the provider or if the provider is an

 4  assisted living facility licensed under part III of chapter

 5  400. The bonds permitted by this section are in addition to

 6  the bonds referenced in s. 400.179(5)(d) 400.179(4)(d). If the

 7  provider is a corporation, partnership, association, or other

 8  entity, the agency may require the provider to submit

 9  information concerning the background of that entity and of

10  any principal of the entity, including any partner or

11  shareholder having an ownership interest in the entity equal

12  to 5 percent or greater, and any treating provider who

13  participates in or intends to participate in Medicaid through

14  the entity. The information must include:

15         (a)  Proof of holding a valid license or operating

16  certificate, as applicable, if required by the state or local

17  jurisdiction in which the provider is located or if required

18  by the Federal Government.

19         (b)  Information concerning any prior violation, fine,

20  suspension, termination, or other administrative action taken

21  under the Medicaid laws, rules, or regulations of this state

22  or of any other state or the Federal Government; any prior

23  violation of the laws, rules, or regulations relating to the

24  Medicare program; any prior violation of the rules or

25  regulations of any other public or private insurer; and any

26  prior violation of the laws, rules, or regulations of any

27  regulatory body of this or any other state.

28         (c)  Full and accurate disclosure of any financial or

29  ownership interest that the provider, or any principal,

30  partner, or major shareholder thereof, may hold in any other

31  Medicaid provider or health care related entity or any other

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 1  entity that is licensed by the state to provide health or

 2  residential care and treatment to persons.

 3         (d)  If a group provider, identification of all members

 4  of the group and attestation that all members of the group are

 5  enrolled in or have applied to enroll in the Medicaid program.

 6  

 7         Reviser's note.--Amended to conform to the

 8         context of the reference and the fact that

 9         there is no s. 400.179(4)(d).

10  

11         Section 69.  Subsections (1) and (6) of section

12  409.9071, Florida Statutes, are amended to read:

13         409.9071  Medicaid provider agreements for school

14  districts certifying state match.--

15         (1)  The agency shall submit a state plan amendment by

16  September 1, 1997, for the purpose of obtaining federal

17  authorization to reimburse school-based services as provided

18  in former s. 236.0812 pursuant to the rehabilitative services

19  option provided under 42 U.S.C. s. 1396d(a)(13). For purposes

20  of this section, billing agent consulting services shall be

21  considered billing agent services, as that term is used in s.

22  409.913(10), and, as such, payments to such persons shall not

23  be based on amounts for which they bill nor based on the

24  amount a provider receives from the Medicaid program. This

25  provision shall not restrict privatization of Medicaid

26  school-based services. Subject to any limitations provided for

27  in the General Appropriations Act, the agency, in compliance

28  with appropriate federal authorization, shall develop policies

29  and procedures and shall allow for certification of state and

30  local education funds which have been provided for

31  school-based services as specified in s. 1011.70 and

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 1  authorized by a physician's order where required by federal

 2  Medicaid law.  Any state or local funds certified pursuant to

 3  this section shall be for children with specified disabilities

 4  who are eligible for both Medicaid and part B or part H of the

 5  Individuals with Disabilities Education Act (IDEA), or the

 6  exceptional student education program, or who have an

 7  individualized educational plan.

 8         (6)  Retroactive reimbursements for services as

 9  specified in former s. 236.0812 as of July 1, 1996, including

10  reimbursement for the 1995-1996 and 1996-1997 school years,

11  are subject to federal approval.

12  

13         Reviser's note.--Subsection (1) is amended to

14         delete a provision that has served its purpose.

15         Subsection (6) is amended to make the sentence

16         complete and provide clarity.

17  

18         Section 70.  Subparagraph 4. of paragraph (a) of

19  subsection (1) of section 409.908, Florida Statutes, is

20  repealed.

21  

22         Reviser's note.--The cited subparagraph, which

23         provides for hospital inpatient rates to be

24         reduced by 6 percent effective July 1, 2001,

25         and restored effective April 1, 2002, has

26         served its purpose.

27  

28         Section 71.  Section 409.91188, Florida Statutes, is

29  amended to read:

30         409.91188  Specialty prepaid health plans for Medicaid

31  recipients with HIV or AIDS.--The Agency for Health Care

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 1  Administration is authorized to contract with specialty

 2  prepaid health plans and pay them on a prepaid capitated basis

 3  to provide Medicaid benefits to Medicaid-eligible recipients

 4  who have human immunodeficiency syndrome (HIV) or acquired

 5  immunodeficiency syndrome (AIDS). The agency shall apply for

 6  and is authorized to implement federal waivers or other

 7  necessary federal authorization to implement the prepaid

 8  health plans authorized by this section. The agency shall

 9  procure the specialty prepaid health plans through a

10  competitive procurement. In awarding a contract to a managed

11  care plan, the agency shall take into account price, quality,

12  accessibility, linkages to community-based organizations, and

13  the comprehensiveness of the benefit package offered by the

14  plan. The agency may bid the HIV/AIDS specialty plans on a

15  county, regional, or statewide basis. Qualified plans must be

16  licensed under chapter 641. The agency shall monitor and

17  evaluate the implementation of this waiver program if it is

18  approved by the Federal Government and shall report on its

19  status to the President of the Senate and the Speaker of the

20  House of Representatives by February 1, 2001. To improve

21  coordination of medical care delivery and to increase cost

22  efficiency for the Medicaid program in treating HIV disease,

23  the Agency for Health Care Administration shall seek all

24  necessary federal waivers to allow participation in the

25  Medipass HIV disease management program for Medicare

26  beneficiaries who test positive for HIV infection and who also

27  qualify for Medicaid benefits such as prescription medications

28  not covered by Medicare.

29  

30         Reviser's note.--Amended to delete a provision

31         that has served its purpose.

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 1         Section 72.  Paragraph (a) of subsection (4), paragraph

 2  (b) of subsection (16), subsection (41), and paragraph (d) of

 3  subsection (49) of section 409.912, Florida Statutes, are

 4  amended to read:

 5         409.912  Cost-effective purchasing of health care.--The

 6  agency shall purchase goods and services for Medicaid

 7  recipients in the most cost-effective manner consistent with

 8  the delivery of quality medical care. To ensure that medical

 9  services are effectively utilized, the agency may, in any

10  case, require a confirmation or second physician's opinion of

11  the correct diagnosis for purposes of authorizing future

12  services under the Medicaid program. This section does not

13  restrict access to emergency services or poststabilization

14  care services as defined in 42 C.F.R. part 438.114. Such

15  confirmation or second opinion shall be rendered in a manner

16  approved by the agency. The agency shall maximize the use of

17  prepaid per capita and prepaid aggregate fixed-sum basis

18  services when appropriate and other alternative service

19  delivery and reimbursement methodologies, including

20  competitive bidding pursuant to s. 287.057, designed to

21  facilitate the cost-effective purchase of a case-managed

22  continuum of care. The agency shall also require providers to

23  minimize the exposure of recipients to the need for acute

24  inpatient, custodial, and other institutional care and the

25  inappropriate or unnecessary use of high-cost services. The

26  agency may mandate prior authorization, drug therapy

27  management, or disease management participation for certain

28  populations of Medicaid beneficiaries, certain drug classes,

29  or particular drugs to prevent fraud, abuse, overuse, and

30  possible dangerous drug interactions. The Pharmaceutical and

31  Therapeutics Committee shall make recommendations to the

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 1  agency on drugs for which prior authorization is required. The

 2  agency shall inform the Pharmaceutical and Therapeutics

 3  Committee of its decisions regarding drugs subject to prior

 4  authorization. The agency is authorized to limit the entities

 5  it contracts with or enrolls as Medicaid providers by

 6  developing a provider network through provider credentialing.

 7  The agency may limit its network based on the assessment of

 8  beneficiary access to care, provider availability, provider

 9  quality standards, time and distance standards for access to

10  care, the cultural competence of the provider network,

11  demographic characteristics of Medicaid beneficiaries,

12  practice and provider-to-beneficiary standards, appointment

13  wait times, beneficiary use of services, provider turnover,

14  provider profiling, provider licensure history, previous

15  program integrity investigations and findings, peer review,

16  provider Medicaid policy and billing compliance records,

17  clinical and medical record audits, and other factors.

18  Providers shall not be entitled to enrollment in the Medicaid

19  provider network. The agency is authorized to seek federal

20  waivers necessary to implement this policy.

21         (4)  The agency may contract with:

22         (a)  An entity that provides no prepaid health care

23  services other than Medicaid services under contract with the

24  agency and which is owned and operated by a county, county

25  health department, or county-owned and operated hospital to

26  provide health care services on a prepaid or fixed-sum basis

27  to recipients, which entity may provide such prepaid services

28  either directly or through arrangements with other providers.

29  Such prepaid health care services entities must be licensed

30  under parts I and III by January 1, 1998, and until then are

31  exempt from the provisions of part I of chapter 641. An entity

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 1  recognized under this paragraph which demonstrates to the

 2  satisfaction of the Office of Insurance Regulation of the

 3  Financial Services Commission that it is backed by the full

 4  faith and credit of the county in which it is located may be

 5  exempted from s. 641.225.

 6         (16)

 7         (b)  The responsibility of the agency under this

 8  subsection shall include the development of capabilities to

 9  identify actual and optimal practice patterns; patient and

10  provider educational initiatives; methods for determining

11  patient compliance with prescribed treatments; fraud, waste,

12  and abuse prevention and detection programs; and beneficiary

13  case management programs.

14         1.  The practice pattern identification program shall

15  evaluate practitioner prescribing patterns based on national

16  and regional practice guidelines, comparing practitioners to

17  their peer groups. The agency and its Drug Utilization Review

18  Board shall consult with the Department of Health and a panel

19  of practicing health care professionals consisting of the

20  following: the Speaker of the House of Representatives and the

21  President of the Senate shall each appoint three physicians

22  licensed under chapter 458 or chapter 459; and the Governor

23  shall appoint two pharmacists licensed under chapter 465 and

24  one dentist licensed under chapter 466 who is an oral surgeon.

25  Terms of the panel members shall expire at the discretion of

26  the appointing official. The panel shall begin its work by

27  August 1, 1999, regardless of the number of appointments made

28  by that date. The advisory panel shall be responsible for

29  evaluating treatment guidelines and recommending ways to

30  incorporate their use in the practice pattern identification

31  program. Practitioners who are prescribing inappropriately or

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 1  inefficiently, as determined by the agency, may have their

 2  prescribing of certain drugs subject to prior authorization or

 3  may be terminated from all participation in the Medicaid

 4  program.

 5         2.  The agency shall also develop educational

 6  interventions designed to promote the proper use of

 7  medications by providers and beneficiaries.

 8         3.  The agency shall implement a pharmacy fraud, waste,

 9  and abuse initiative that may include a surety bond or letter

10  of credit requirement for participating pharmacies, enhanced

11  provider auditing practices, the use of additional fraud and

12  abuse software, recipient management programs for

13  beneficiaries inappropriately using their benefits, and other

14  steps that will eliminate provider and recipient fraud, waste,

15  and abuse. The initiative shall address enforcement efforts to

16  reduce the number and use of counterfeit prescriptions.

17         4.  By September 30, 2002, the agency shall contract

18  with an entity in the state to implement a wireless handheld

19  clinical pharmacology drug information database for

20  practitioners. The initiative shall be designed to enhance the

21  agency's efforts to reduce fraud, abuse, and errors in the

22  prescription drug benefit program and to otherwise further the

23  intent of this paragraph.

24         5.  The agency may apply for any federal waivers needed

25  to implement this paragraph.

26         (41)  The agency shall provide for the development of a

27  demonstration project by establishment in Miami-Dade County of

28  a long-term-care facility licensed pursuant to chapter 395 to

29  improve access to health care for a predominantly minority,

30  medically underserved, and medically complex population and to

31  evaluate alternatives to nursing home care and general acute

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 1  care for such population. Such project is to be located in a

 2  health care condominium and colocated with licensed facilities

 3  providing a continuum of care. The establishment of this

 4  project is not subject to the provisions of s. 408.036 or s.

 5  408.039. The agency shall report its findings to the Governor,

 6  the President of the Senate, and the Speaker of the House of

 7  Representatives by January 1, 2003.

 8         (49)  The agency shall contract with established

 9  minority physician networks that provide services to

10  historically underserved minority patients. The networks must

11  provide cost-effective Medicaid services, comply with the

12  requirements to be a MediPass provider, and provide their

13  primary care physicians with access to data and other

14  management tools necessary to assist them in ensuring the

15  appropriate use of services, including inpatient hospital

16  services and pharmaceuticals.

17         (d)  The agency may apply for any federal waivers

18  needed to implement this subsection paragraph.

19  

20         Reviser's note.--Paragraphs (4)(a) and (16)(b)

21         and subsection (41) are amended to delete

22         provisions that have served their purpose.

23         Paragraph (49)(d) is amended to conform to the

24         context of the reference.

25  

26         Section 73.  Subsection (3) of section 420.504, Florida

27  Statutes, is amended to read:

28         420.504  Public corporation; creation, membership,

29  terms, expenses.--

30         (3)  The corporation is a separate budget entity and is

31  not subject to control, supervision, or direction by the

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 1  Department of Community Affairs in any manner, including, but

 2  not limited to, personnel, purchasing, transactions involving

 3  real or personal property, and budgetary matters. The

 4  corporation shall consist of a board of directors composed of

 5  the Secretary of Community Affairs as an ex officio and voting

 6  member and eight members appointed by the Governor subject to

 7  confirmation by the Senate from the following:

 8         (a)  One citizen actively engaged in the residential

 9  home building industry.

10         (b)  One citizen actively engaged in the banking or

11  mortgage banking industry.

12         (c)  One citizen who is a representative of those areas

13  of labor engaged in home building.

14         (d)  One citizen with experience in housing development

15  who is an advocate for low-income persons.

16         (e)  One citizen actively engaged in the commercial

17  building industry.

18         (f)  One citizen who is a former local government

19  elected official.

20         (g)  Two citizens of the state who are not principally

21  employed as members or representatives of any of the groups

22  specified in paragraphs (a)-(f).

23  

24  The changes in membership categories required by this act

25  shall be effective when the term of one citizen member expires

26  in 1998.

27  

28         Reviser's note.--Amended to delete a provision

29         that has served its purpose.

30  

31  

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 1         Section 74.  Paragraph (g) of subsection (2) of section

 2  430.04, Florida Statutes, is reenacted to read:

 3         430.04  Duties and responsibilities of the Department

 4  of Elderly Affairs.--The Department of Elderly Affairs shall:

 5         (2)  Be responsible for ensuring that each area agency

 6  on aging operates in a manner to ensure that the elderly of

 7  this state receive the best services possible.  The department

 8  shall rescind designation of an area agency on aging or take

 9  intermediate measures against the agency, including corrective

10  action, unannounced special monitoring, temporary assumption

11  of operation of one or more programs by the department,

12  placement on probationary status, imposing a moratorium on

13  agency action, imposing financial penalties for

14  nonperformance, or other administrative action pursuant to

15  chapter 120, if the department finds that:

16         (g)  The agency has failed to implement and maintain a

17  department-approved client grievance resolution procedure.

18  

19         Reviser's note.--Section 4, ch. 2004-386, Laws

20         of Florida, amended subsection (2), including

21         insertion of a new paragraph (f), without

22         publishing existing paragraph (f). Absent

23         affirmative evidence of legislative intent to

24         repeal existing paragraph (f), it is reenacted

25         here, redesignated as paragraph (g), to confirm

26         that the omission was not intended.

27  

28         Section 75.  Paragraph (b) of subsection (6) of section

29  430.205, Florida Statutes, is amended to read:

30         430.205  Community care service system.--

31  

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 1         (6)  Notwithstanding other requirements of this

 2  chapter, the Department of Elderly Affairs and the Agency for

 3  Health Care Administration shall develop an integrated

 4  long-term-care delivery system.

 5         (b)  During the 2004-2005 state fiscal year:

 6         1.  The agency, in consultation with the department,

 7  shall develop an implementation plan to integrate the Frail

 8  Elder Option into the Nursing Home Diversion pilot project and

 9  each program's funds into one capitated program serving the

10  aged. Beginning July 1, 2004, the agency may not enroll

11  additional individuals in the Frail Elder Option.

12         2.  The agency, in consultation with the department,

13  shall integrate the Aged and Disabled Adult Medicaid waiver

14  program and the Assisted Living for the Elderly Medicaid

15  waiver program and each program's funds into one

16  fee-for-service Medicaid waiver program serving the aged and

17  disabled. Once the programs are integrated, funding to provide

18  care in assisted-living facilities under the new waiver may

19  not be less than the amount appropriated in the 2003-2004

20  fiscal year for the Assisted Living for the Elderly Medicaid

21  waiver.

22         a.  The agency shall seek federal waivers necessary to

23  integrate these waiver programs.

24         b.  The agency and the department shall reimburse

25  providers for case management services on a capitated basis

26  and develop uniform standards for case management in this

27  fee-for-service Medicaid waiver program. The coordination of

28  acute and chronic medical services for individuals shall be

29  included in the capitated rate for case management services.

30         c.  The agency and the department shall adopt any rules

31  necessary to comply with or administer these requirements,

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 1  effect and implement interagency agreements between the

 2  department and the agency, and comply with federal

 3  requirements.

 4         3.  The Legislature finds that preservation of the

 5  historic aging network of lead agencies is essential to the

 6  well-being of Florida's elderly population. The Legislature

 7  finds that the Florida aging network constitutes a system of

 8  essential community providers which should be nurtured and

 9  assisted to develop systems of operations which allow the

10  gradual assumption of responsibility and financial risk for

11  managing a client through the entire continuum of long-term

12  care services within the area the lead agency is currently

13  serving, and which allow lead agency providers to develop

14  managed systems of service delivery. The department, in

15  consultation with the agency, shall therefore:

16         a.  Develop a demonstration project in which existing

17  community care for the elderly lead agencies are assisted in

18  transferring their business model and the service delivery

19  system within their current community care service area to

20  enable assumption, over a period of time, of full risk as a

21  community diversion pilot project contractor providing

22  long-term care services in the areas of operation. The

23  department, in consultation with the agency and the Department

24  of Children and Family Services, shall develop an

25  implementation plan for no more than three lead agencies by

26  October 31, 2004.

27         b.  In the demonstration area, a community care for the

28  elderly lead agency shall be initially reimbursed on a prepaid

29  or fixed-sum basis for services provided under the newly

30  integrated fee-for-service Medicaid waiver. By the end of the

31  third year of operation, the demonstration project shall

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 1  include all services under the long-term care community

 2  diversion pilot project.

 3         c.  During the first year of operation, the department,

 4  in consultation with the agency, may place providers at risk

 5  to provide nursing home services for the enrolled individuals

 6  who are participating in the demonstration project. During the

 7  3-year development period, the agency and the department may

 8  limit the level of custodial nursing home risk that the

 9  administering entities assume. Under risk-sharing

10  arrangements, during the first 3 years of operation, the

11  department, in consultation with the agency, may reimburse the

12  administering entity for the cost of providing nursing home

13  care for Medicaid-eligible participants who have been

14  permanently placed and remain in a nursing home for more than

15  1 year, or may disenroll such participants from the

16  demonstration project.

17         d.  The agency, in consultation with the department,

18  shall develop reimbursement rates based on the historical cost

19  experience of the state in providing long-term care and

20  nursing home services under Medicaid waiver programs to the

21  population 65 years of age and older in the area served by the

22  pilot project.

23         e.  The department, in consultation with the agency,

24  shall ensure that the entity or entities receiving prepaid or

25  fixed-sum reimbursement are assisted in developing internal

26  management and financial control systems necessary to manage

27  the risk associated with providing services under a prepaid or

28  fixed-sum rate system.

29         f.  If the department and the agency share risk of

30  custodial nursing home placement, payment rates during the

31  first 3 years of operation shall be set at not more than 100

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 1  percent of the costs to the agency and the department of

 2  providing equivalent services to the population within the

 3  area of the pilot project for the year prior to the year in

 4  which the pilot project is implemented, adjusted forward to

 5  account for inflation and policy changes in the Medicaid

 6  program. In subsequent years, the rate shall be negotiated,

 7  based on the cost experience of the entity in providing

 8  contracted services, but may not exceed 95 percent of the

 9  amount that would have been paid in the pilot project area

10  absent the prepaid or fixed sum reimbursement methodology.

11         g.  Community care for the elderly lead agencies that

12  have operated for a period of at least 20 years, which provide

13  Medicare-certified services to elders, and which have

14  developed a system of service provision by health care

15  volunteers shall be given priority in the selection of the

16  pilot project if they meet the minimum requirements specified

17  in the competitive procurement.

18         h.  The agency and the department shall adopt rules

19  necessary to comply with or administer these requirements,

20  effect and implement interagency agreements between the agency

21  and the department, and comply with federal requirements.

22         i.  The department and the agency shall seek federal

23  waivers necessary to implement the requirements of this

24  section.

25         j.  The Department of Elderly Affairs shall conduct or

26  contract for an evaluation of the demonstration project. The

27  department shall submit the evaluation to the Governor and the

28  Legislature by January 1, 2007. The evaluation must address

29  the effectiveness of the pilot project in providing a

30  comprehensive system of appropriate and high-quality,

31  long-term care services to elders in the least restrictive

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 1  setting and make recommendations on expanding the project to

 2  other parts of the state.

 3         4.  The department, in consultation with the agency,

 4  shall study the integration of the database systems for the

 5  Comprehensive Assessment and Review of Long-Term Care (CARES)

 6  program and the Client Information and Referral Tracking

 7  System (CIRTS) and develop a plan for database integration.

 8  The department shall submit the plan to the Governor, the

 9  President of the Senate, and the Speaker of the House of

10  Representatives by December 31, 2004.

11         5.  The agency, in consultation with the department,

12  shall work with the fiscal agent for the Medicaid program to

13  develop a service utilization reporting system that operates

14  through the fiscal agent for the capitated plans.

15  

16         Reviser's note.--Amended to improve clarity and

17         facilitate correct interpretation.

18  

19         Section 76.  Subsection (6) of section 440.05, Florida

20  Statutes, is amended to read:

21         440.05  Election of exemption; revocation of election;

22  notice; certification.--

23         (6)  A construction industry certificate of election to

24  be exempt which is issued in accordance with this section

25  shall be valid for 2 years after the effective date stated

26  thereon. Both the effective date and the expiration date must

27  be listed on the face of the certificate by the department.

28  The construction industry certificate must expire at midnight,

29  2 years from its issue date, as noted on the face of the

30  exemption certificate. Any person who has received from the

31  department a construction industry certificate of election to

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 1  be exempt which is in effect on December 31, 1998, shall file

 2  a new notice of election to be exempt by the last day in his

 3  or her birth month following December 1, 1998. A construction

 4  industry certificate of election to be exempt may be revoked

 5  before its expiration by the officer for whom it was issued or

 6  by the department for the reasons stated in this section.  At

 7  least 60 days prior to the expiration date of a construction

 8  industry certificate of exemption issued after December 1,

 9  1998, the department shall send notice of the expiration date

10  and an application for renewal to the certificateholder at the

11  address on the certificate.

12  

13         Reviser's note.--Amended to delete a provision

14         that has served its purpose.

15  

16         Section 77.  Paragraph (a) of subsection (6) of section

17  440.491, Florida Statutes, is amended to read:

18         440.491  Reemployment of injured workers;

19  rehabilitation.--

20         (6)  TRAINING AND EDUCATION.--

21         (a)  Upon referral of an injured employee by the

22  carrier, or upon the request of an injured employee, the

23  department shall conduct a training and education screening to

24  determine whether it should refer the employee for a

25  vocational evaluation and, if appropriate, approve training

26  and education or other vocational services for the employee.

27  The department may not approve formal training and education

28  programs unless it determines, after consideration of the

29  reemployment assessment, pertinent reemployment status reviews

30  or reports, and such other relevant factors as it prescribes

31  by rule, that the reemployment plan is likely to result in

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 1  return to suitable gainful employment. The department is

 2  authorized to expend moneys from the Workers' Compensation

 3  Administration Trust Fund, established by s. 440.50, to secure

 4  appropriate training and education at a community college as

 5  designated in s. 1000.21(3) or at a career center

 6  vocational-technical school established under s. 1001.44, or

 7  to secure other vocational services when necessary to satisfy

 8  the recommendation of a vocational evaluator. As used in this

 9  paragraph, "appropriate training and education" includes

10  securing a general education diploma (GED), if necessary. The

11  department shall establish training and education standards

12  pertaining to employee eligibility, course curricula and

13  duration, and associated costs.

14  

15         Reviser's note.--Amended to conform to the

16         substitution of the term "career center" for

17         "vocational-technical school" throughout

18         statutory material relating to the subject by

19         ch. 2004-357, Laws of Florida. Also amended to

20         conform to the terminology used in s. 1001.44.

21  

22         Section 78.  Section 440.591, Florida Statutes, is

23  amended to read:

24         440.591  Administrative procedure; rulemaking

25  authority.--The department, the Financial Services Commission,

26  the agency, and the Department of Education may adopt rules

27  pursuant to ss. 120.536(1) and 120.54 to implement the

28  provisions of this chapter conferring duties upon them it.

29  

30         Reviser's note.--Amended to improve clarity and

31         facilitate correct interpretation.

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 1         Section 79.  Paragraph (a) of subsection (5) of section

 2  443.191, Florida Statutes, is amended to read:

 3         443.191  Unemployment Compensation Trust Fund;

 4  establishment and control.--

 5         (5)  MONEY CREDITED UNDER 42 U.S.C. S. 1103.--

 6         (a)  Money credited to this state's account in the

 7  federal Unemployment Compensation Trust Fund by the Secretary

 8  of the Treasury of the United States under 42 U.S.C. s. 1103

 9  may not be requisitioned from this state's account or used

10  except for the payment of benefits and for the payment of

11  expenses incurred for the administration of this chapter.

12  These moneys may be requisitioned under subsection (3) for the

13  payment of benefits. These moneys may also be requisitioned

14  and used for the payment of expenses incurred for the

15  administration of this chapter, but only under a specific

16  appropriation by the Legislature and only if the expenses are

17  incurred and the money is requisitioned after the enactment of

18  an appropriations law that:

19         1.  Specifies the purposes for which the money is

20  appropriated and the amounts appropriated;

21         2.  Limits the period within which the money may be

22  obligated to a period ending not more than 2 years after the

23  date of the enactment of the appropriations law; and

24         3.  Limits the amount that may be obligated during any

25  12-month period beginning on July 1 and ending on the next

26  June 30 to an amount that does not exceed the amount by which

27  the aggregate of the amounts credited to the state's account

28  under 42 U.S.C. s. 1103 during the same 12-month period and

29  the 34 preceding 12-month periods exceeds the aggregate of the

30  amounts obligated for administration and paid out for benefits

31  

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 1  and charged against the amounts credited to the state's

 2  account during those 35 12-month periods.

 3  

 4  Notwithstanding this paragraph, money credited for federal

 5  fiscal years 1999, 2000, and 2001 may only be used solely for

 6  the administration of the Unemployment Compensation Program.

 7  This money is not otherwise subject to this paragraph when

 8  appropriated by the Legislature.

 9  

10         Reviser's note.--Amended to delete a provision

11         that has served its purpose.

12  

13         Section 80.  Subsection (5) and paragraph (b) of

14  subsection (6) of section 445.003, Florida Statutes, are

15  repealed.

16  

17         Reviser's note.--Subsection (5), which required

18         the former Department of Labor and Employment

19         Security to phase-down Job Training Partnership

20         Act duties before the July 1, 2000, abolishment

21         of the federal program, and to complete related

22         outstanding accounts and issues by July 1, 2002

23         (transfer to Agency for Workforce Innovation),

24         is obsolete. Paragraph (6)(b), which required

25         the Office of Program Policy Analysis and

26         Government Accountability to review the

27         workforce development system and submit a final

28         report by December 31, 2002, has served its

29         purpose.

30  

31  

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 1         Section 81.  Subsection (3) and paragraph (b) of

 2  subsection (9) of section 445.009, Florida Statutes, are

 3  amended to read:

 4         445.009  One-stop delivery system.--

 5         (3)  Notwithstanding any other provision of law, any

 6  memorandum of understanding in effect on June 30, 2000,

 7  between a regional workforce board and the Department of Labor

 8  and Employment Security governing the delivery of workforce

 9  services shall remain in effect until September 30, 2000.

10  Beginning October 1, 2000, regional workforce boards shall

11  enter into a memorandum of understanding with the Agency for

12  Workforce Innovation for the delivery of employment services

13  authorized by the federal Wagner-Peyser Act. This memorandum

14  of understanding must be performance based.

15         (a)  Unless otherwise required by federal law, at least

16  90 percent of the Wagner-Peyser funding must go into direct

17  customer service costs.

18         (b)  Employment services must be provided through the

19  one-stop delivery system, under the guidance of one-stop

20  delivery system operators. One-stop delivery system operators

21  shall have overall authority for directing the staff of the

22  workforce system. Personnel matters shall remain under the

23  ultimate authority of the Agency for Workforce Innovation.

24  However, the one-stop delivery system operator shall submit to

25  the agency information concerning the job performance of

26  agency employees who deliver employment services. The agency

27  shall consider any such information submitted by the one-stop

28  delivery system operator in conducting performance appraisals

29  of the employees.

30         (c)  The agency shall retain fiscal responsibility and

31  accountability for the administration of funds allocated to

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 1  the state under the Wagner-Peyser Act. An agency employee who

 2  is providing services authorized under the Wagner-Peyser Act

 3  shall be paid using Wagner-Peyser Act funds.

 4         (d)  The Office of Program Policy Analysis and

 5  Government Accountability, in consultation with Workforce

 6  Florida, Inc., shall review the delivery of employment

 7  services under the Wagner-Peyser Act and the integration of

 8  those services with other activities performed through the

 9  one-stop delivery system and shall provide recommendations to

10  the Legislature for improving the effectiveness of the

11  delivery of employment services in this state. The Office of

12  Program Policy Analysis and Government Accountability shall

13  submit a report and recommendations to the Governor, the

14  President of the Senate, and the Speaker of the House of

15  Representatives by December 31, 2002.

16         (9)

17         (b)  The network shall assure that a uniform method is

18  used to determine eligibility for and management of services

19  provided by agencies that conduct workforce development

20  activities.  The Department of Management Services shall

21  develop strategies to allow access to the databases and

22  information management systems of the following systems in

23  order to link information in those databases with the one-stop

24  delivery system:

25         1.  The Unemployment Compensation Program of the Agency

26  for Workforce Innovation.

27         2.  The public employment service described in s.

28  443.181.

29         3.  The FLORIDA System and the components related to

30  WAGES, food stamps, and Medicaid eligibility.

31  

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 1         4.  The Workers' Compensation System of the Department

 2  of Labor and Employment Security.

 3         4.5.  The Student Financial Assistance System of the

 4  Department of Education.

 5         5.6.  Enrollment in the public postsecondary education

 6  system.

 7         6.7.  Other information systems determined appropriate

 8  by Workforce Florida, Inc.

 9  

10  The systems shall be fully coordinated at both the state and

11  local levels by July 1, 2001.

12  

13         Reviser's note.--Amended to delete provisions

14         that are obsolete or have served their purpose.

15         Subparagraph (9)(b)4. is deleted to remove a

16         reference to an information management system

17         of the Department of Labor and Employment

18         Security; the system was not implemented, and

19         the department was abolished by s. 69, ch.

20         2002-194, Laws of Florida.

21  

22         Section 82.  Section 446.051, Florida Statutes, is

23  reenacted to read:

24         446.051  Related instruction for apprentices.--

25         (1)  The administration and supervision of related and

26  supplemental instruction for apprentices, coordination of such

27  instruction with job experiences, and selection and training

28  of teachers and coordinators for such instruction, all as

29  approved by the registered program sponsor, shall be the

30  responsibility of the appropriate career education

31  institution.

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 1         (2)  The appropriate career education institution shall

 2  be encouraged to cooperate with and assist in providing to any

 3  registered program sponsor facilities, equipment and supplies,

 4  and instructors' salaries for the performance of related and

 5  supplemental instruction associated with the registered

 6  program.

 7  

 8         Reviser's note.--Reenacted to confirm the

 9         substitution of the term "career education" for

10         "vocational education" to conform to that

11         substitution throughout statutory material

12         relating to the subject by ch. 2004-357, Laws

13         of Florida.

14  

15         Section 83.  Paragraph (a) of subsection (1) and

16  subsection (2) of section 450.081, Florida Statutes, are

17  reenacted to read:

18         450.081  Hours of work in certain occupations.--

19         (1)(a)  Minors 15 years of age or younger shall not be

20  employed, permitted, or suffered to work before 7 a.m. or

21  after 7 p.m. when school is scheduled the following day or for

22  more than 15 hours in any one week.  On any school day, minors

23  15 years of age or younger who are not enrolled in a career

24  education program shall not be gainfully employed for more

25  than 3 hours, unless there is no session of school the

26  following day.

27         (2)  Minors 16 and 17 years of age shall not be

28  employed, permitted, or suffered to work before 6:30 a.m. or

29  after 11:00 p.m. or for more than 8 hours in any one day when

30  school is scheduled the following day. When school is in

31  session, minors 16 and 17 years of age shall not work more

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 1  than 30 hours in any one week.  On any school day, minors 16

 2  and 17 years of age who are not enrolled in a career education

 3  program shall not be gainfully employed during school hours.

 4  

 5         Reviser's note.--Reenacted to confirm the

 6         substitution of the term "career education" for

 7         "vocational education" to conform to that

 8         substitution throughout statutory material

 9         relating to the subject by ch. 2004-357, Laws

10         of Florida.

11  

12         Section 84.  Subsection (2) of section 455.2177,

13  Florida Statutes, is amended to read:

14         455.2177  Monitoring of compliance with continuing

15  education requirements.--

16         (2)  The department may refuse renewal of a licensee's

17  license until the licensee has satisfied all applicable

18  continuing education requirements. This subsection does not

19  preclude the department or boards from imposing additional

20  penalties pursuant to the applicable practice act or rules

21  adopted pursuant thereto.

22  

23         Reviser's note.--Amended to improve clarity and

24         correct sentence construction.

25  

26         Section 85.  Paragraph (c) of subsection (14) of

27  section 455.32, Florida Statutes, is amended to read:

28         455.32  Management Privatization Act.--

29         (14)  The contract between the department and the

30  corporation must be in compliance with this section and other

31  applicable laws. The department shall retain responsibility

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 1  for any duties it currently exercises relating to its police

 2  powers and any other current duty that is not provided to the

 3  corporation by contract or this section. The contract shall

 4  provide, at a minimum, that:

 5         (c)  The corporation submit an annual budget for

 6  approval by the department. If the department's appropriations

 7  request differs from the budget submitted by the corporation,

 8  the relevant professional board shall be permitted to

 9  authorize the inclusion in the appropriations request of a

10  comment or statement of disagreement with the department's

11  request.

12  

13         Reviser's note.--Amended to improve clarity and

14         correct sentence construction.

15  

16         Section 86.  Subsection (2) of section 475.615, Florida

17  Statutes, is amended to read:

18         475.615  Qualifications for registration, licensure, or

19  certification.--

20         (2)  The board is authorized to waive or modify any

21  education, experience, or examination requirements established

22  in this part section in order to conform with any such

23  requirements established by the Appraisal Qualifications Board

24  of the Appraisal Foundation and recognized by the Appraisal

25  Subcommittee or any successor body recognized by federal law.

26  

27         Reviser's note.--Amended to improve clarity and

28         facilitate correct interpretation. Section 9,

29         ch. 91-89, Laws of Florida, created part II,

30         ch. 475, Florida Statutes, regulating

31         appraisers, including the reference to "this

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 1         section." Education, experience, and

 2         examination requirements were created by s. 9,

 3         ch. 91-89, and are located in ss. 475.616 and

 4         475.617.

 5  

 6         Section 87.  Section 489.146, Florida Statutes, is

 7  amended to read:

 8         489.146  Privatization of services.--Notwithstanding

 9  any other provision of this part relating to the review of

10  licensure applications, issuance of licenses and renewals,

11  collection of revenues, fees, and fines, service of documents,

12  publications, and printing, and other ministerial functions of

13  the department relating to the regulation of contractors, the

14  department shall make all reasonable efforts to contract with

15  one or more private entities for provision of such services,

16  when such services can be provided in a more efficient manner

17  by private entities. The department or the board shall retain

18  final authority for licensure decisions and rulemaking,

19  including all appeals or other legal action resulting from

20  such licensure decisions or rulemaking. The department and the

21  board shall adopt rules to implement the provisions of this

22  section. The department shall report all progress and the

23  status of privatization and privatization efforts to the

24  Legislature by March 1, 1998.

25  

26         Reviser's note.--Amended to delete a provision

27         that has served its purpose.

28  

29         Section 88.  Subsection (4) of section 489.531, Florida

30  Statutes, is reenacted to read:

31         489.531  Prohibitions; penalties.--

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 1         (4)  Each county or municipality may, at its option,

 2  designate one or more of its code enforcement officers, as

 3  defined in chapter 162, to enforce, as set out in this

 4  subsection, the provisions of subsection (1) against persons

 5  who engage in activity for which county or municipal

 6  certification is required.

 7         (a)  A code enforcement officer designated pursuant to

 8  this subsection may issue a citation for any violation of

 9  subsection (1) whenever, based upon personal investigation,

10  the code enforcement officer has reasonable and probable

11  grounds to believe that such a violation has occurred.

12         (b)  A citation issued by a code enforcement officer

13  shall be in a form prescribed by the local governing body of

14  the county or municipality and shall state:

15         1.  The time and date of issuance.

16         2.  The name and address of the person to whom the

17  citation is issued.

18         3.  The time and date of the violation.

19         4.  A brief description of the violation and the facts

20  constituting reasonable cause.

21         5.  The name of the code enforcement officer.

22         6.  The procedure for the person to follow in order to

23  pay the civil penalty or to contest the citation.

24         7.  The applicable civil penalty if the person elects

25  not to contest the citation.

26         (c)  The local governing body of the county or

27  municipality is authorized to enforce codes and ordinances

28  against unlicensed contractors under the provisions of this

29  section and may enact an ordinance establishing procedures for

30  implementing this section, including a schedule of penalties

31  to be assessed by the code enforcement officers.  The maximum

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 1  civil penalty which may be levied shall not exceed $500.

 2  Moneys collected pursuant to this section shall be retained

 3  locally as provided for by local ordinance and may be set

 4  aside in a specific fund to support future enforcement

 5  activities against unlicensed contractors.

 6         (d)  The act for which the citation is issued shall be

 7  ceased upon receipt of the citation; and the person charged

 8  with the violation shall elect either to correct the violation

 9  and pay the civil penalty in the manner indicated on the

10  citation or, within 10 days of receipt of the citation,

11  exclusive of weekends and legal holidays, request an

12  administrative hearing before the enforcement or licensing

13  board or designated special magistrate to appeal the issuance

14  of the citation by the code enforcement officer.

15         1.  Hearings shall be held before an enforcement or

16  licensing board or designated special magistrate as

17  established by s. 162.03(2), and such hearings shall be

18  conducted pursuant to ss. 162.07 and 162.08.

19         2.  Failure of a violator to appeal the decision of the

20  code enforcement officer within the time period set forth in

21  this paragraph shall constitute a waiver of the violator's

22  right to an administrative hearing.  A waiver of the right to

23  administrative hearing shall be deemed an admission of the

24  violation and, penalties may be imposed accordingly.

25         3.  If the person issued the citation, or his or her

26  designated representative, shows that the citation is invalid

27  or that the violation has been corrected prior to appearing

28  before the enforcement or licensing board or designated

29  special magistrate, the enforcement or licensing board or

30  designated special magistrate shall dismiss the citation

31  unless the violation is irreparable or irreversible.

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 1         4.  Each day a willful, knowing violation continues

 2  shall constitute a separate offense under the provisions of

 3  this subsection.

 4         (e)  A person cited for a violation pursuant to this

 5  subsection is deemed to be charged with a noncriminal

 6  infraction.

 7         (f)  If the enforcement or licensing board or

 8  designated special magistrate finds that a violation exists,

 9  the enforcement or licensing board or designated special

10  magistrate may order the violator to pay a civil penalty of

11  not less than the amount set forth on the citation but not

12  more than $500 per day for each violation.  In determining the

13  amount of the penalty, the enforcement or licensing board or

14  designated special magistrate shall consider the following

15  factors:

16         1.  The gravity of the violation.

17         2.  Any actions taken by the violator to correct the

18  violation.

19         3.  Any previous violations committed by the violator.

20         (g)  Upon written notification by the code enforcement

21  officer that a violator had not contested the citation or paid

22  the civil penalty within the timeframe allowed on the

23  citation, or if a violation has not been corrected within the

24  timeframe set forth on the notice of violation, the

25  enforcement or licensing board or the designated special

26  magistrate shall enter an order ordering the violator to pay

27  the civil penalty set forth on the citation or notice of

28  violation, and a hearing shall not be necessary for the

29  issuance of such order.

30         (h)  A certified copy of an order imposing a civil

31  penalty against an uncertified contractor may be recorded in

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 1  the public records and thereafter shall constitute a lien

 2  against any real or personal property owned by the violator.

 3  Upon petition to the circuit court, such order may be enforced

 4  in the same manner as a court judgment by the sheriffs of this

 5  state, including a levy against personal property; however,

 6  such order shall not be deemed to be a court judgment except

 7  for enforcement purposes.  A civil penalty imposed pursuant to

 8  this part shall continue to accrue until the violator comes

 9  into compliance or until judgment is rendered in a suit to

10  foreclose on a lien filed pursuant to this section, whichever

11  occurs first.  After 3 months from the filing of any such lien

12  which remains unpaid, the enforcement or licensing board or

13  designated special magistrate may authorize the local

14  governing body's attorney to foreclose on the lien.  No lien

15  created pursuant to the provisions of this part may be

16  foreclosed on real property which is a homestead under s. 4,

17  Art. X of the State Constitution.

18         (i)  This subsection does not authorize or permit a

19  code enforcement officer to perform any function or duty of a

20  law enforcement officer other than a function or duty that is

21  authorized in this subsection.

22         (j)  An aggrieved party, including the local governing

23  body, may appeal a final administrative order of an

24  enforcement or licensing board or designated special

25  magistrate to the circuit court. Such an appeal shall not be a

26  hearing de novo but shall be limited to appellate review of

27  the record created before the enforcement or licensing board

28  or designated special magistrate.  An appeal shall be filed

29  within 30 days of the execution of the order to be appealed.

30         (k)  All notices required by this subsection shall be

31  provided to the alleged violator by certified mail, return

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 1  receipt requested; by hand delivery by the sheriff or other

 2  law enforcement officer or code enforcement officer; by

 3  leaving the notice at the violator's usual place of residence

 4  with some person of his or her family above 15 years of age

 5  and informing such person of the contents of the notice; or by

 6  including a hearing date within the citation.

 7         (l)  For those counties which enact ordinances to

 8  implement this subsection and which have local construction

 9  licensing boards or local government code enforcement boards,

10  the local construction licensing board or local government

11  code enforcement board shall be responsible for the

12  administration of such citation program and training of code

13  enforcement officers.  The local governing body of the county

14  shall enter into interlocal agreements with any municipalities

15  in the county so that such municipalities may by ordinance,

16  resolution, policy, or administrative order, authorize

17  individuals to enforce the provisions of this section. Such

18  individuals shall be subject to the requirements of training

19  as specified by the local construction licensing board.

20         (m)  Any person who willfully refuses to sign and

21  accept a citation issued by a code enforcement officer commits

22  a misdemeanor of the second degree, punishable as provided in

23  s. 775.082 or s. 775.083.

24         (n)  Nothing contained in this section shall prohibit a

25  county or municipality from enforcing its codes or ordinances

26  by any other means.

27         (o)  Nothing in this subsection shall be construed to

28  authorize local jurisdictions to exercise disciplinary

29  authority or procedures established in this subsection against

30  an individual holding a proper valid certificate issued

31  pursuant to this part.

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 1         Reviser's note.--Section 87, ch. 2004-11, Laws

 2         of Florida, amended portions of subsection (4)

 3         without publishing the introductory paragraph

 4         of the subsection. Absent affirmative evidence

 5         of legislative intent to repeal it, the

 6         introductory paragraph of subsection (4) is

 7         reenacted to confirm that the omission was not

 8         intended.

 9  

10         Section 89.  Effective October 1, 2005, paragraph (c)

11  of subsection (4) of section 497.103, Florida Statutes, as

12  amended by section 8 of chapter 2004-301, Laws of Florida, is

13  amended to read:

14         497.103  Rulemaking authority of board and

15  department.--

16         (4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--

17         (c)  If the Chief Financial Officer makes any

18  recommendation pursuant to this subsection concerning approval

19  or denial of an application for license or otherwise under

20  this chapter, the running of the period under s. 120.60 for

21  approving or denying a completed application shall be tolled

22  from the date of the Chief Financial Officer's recommendation

23  is made for the shorter of 90 days or until the effect of such

24  recommendation is determined in accordance with paragraph (a).

25  

26         Reviser's note.--Amended to improve clarity and

27         correct sentence construction.

28  

29         Section 90.  Effective October 1, 2005, paragraph (b)

30  of subsection (6) and subsection (7) of section 497.140,

31  Florida Statutes, as amended and renumbered from section

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 1  497.525, Florida Statutes, by section 10 of chapter 2004-301,

 2  Laws of Florida, are amended to read:

 3         497.140  Fees.--

 4         (6)

 5         (b)  The board may with the concurrence of the

 6  department, if that portion of the Regulatory Trust Fund held

 7  by the department for implementation of this chapter is not in

 8  deficit and has a reasonable cash balance, earmark $5 of each

 9  initial licensure and each license renewal fee collected under

10  this chapter and direct the deposit of each such amount into

11  the separate account required in paragraph (a), to be utilized

12  by the department for the purposes of combating unlicensed

13  practice in violation of this chapter. Such earmarked amount

14  may be, as the board directs, in lieu of or in addition to the

15  special unlicensed activity fee imposed under paragraph (a).

16  The earmarking may be imposed and thereafter eliminated from

17  time to time according to the adequacy of trust funds held for

18  implementation of this chapter.

19         (7)  Any fee required to be paid under this chapter,

20  which was set at a fixed amount as in the 2004 edition of the

21  Florida Statutes, but as to which this chapter now provides to

22  be a fee as determined by board rule subject to a cap

23  specified in this chapter, shall remain at the amount as set

24  in the 2004 edition of the Florida Statutes unless and until

25  the board shall change such fee by rule.

26  

27         Reviser's note.--Amended to improve clarity and

28         correct sentence construction.

29  

30  

31  

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 1         Section 91.  Effective October 1, 2005, subsection (6)

 2  of section 497.150, Florida Statutes, as created by section 20

 3  of chapter 2004-301, Laws of Florida, is amended to read:

 4         497.150  Compliance examinations of existing

 5  licensees.--

 6         (6)  If the department finds any accounts or records

 7  required to be made or maintained by a licensee under this

 8  chapter to be inadequate or inadequately kept or posted, it

 9  may be employ experts to reconstruct, rewrite, post, or

10  balance them at the expense of the person being examined,

11  provided the person has failed to maintain, complete, or

12  correct such records or accounting after the department has

13  given her or him notice and a reasonable opportunity to do so.

14  

15         Reviser's note.--Amended to improve clarity and

16         correct sentence construction.

17  

18         Section 92.  Effective October 1, 2005, paragraph (b)

19  of subsection (7) of section 497.152, Florida Statutes, as

20  created by section 22 of chapter 2004-301, Laws of Florida, is

21  amended to read:

22         497.152  Disciplinary grounds.--This section sets forth

23  conduct which is prohibited and which shall constitute grounds

24  for denial of any application, imposition of discipline, and

25  other enforcement action against the licensee or other person

26  committing such conduct. For purposes of this section, the

27  requirements of this chapter include the requirements of rules

28  adopted under authority of this chapter. No subsection heading

29  in this section shall be interpreted as limiting the

30  applicability of any paragraph within the subsection.

31         (7)  RELATIONS WITH OTHER LICENSEES.--

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 1         (b)  Making any misleading statements or

 2  misrepresentations as to the financial condition of any

 3  person, or which are falsely and maliciously critical of any

 4  person for the purpose of damaging that person's business

 5  regulated under this chapter.

 6  

 7         Reviser's note.--Amended to improve clarity and

 8         correct sentence construction.

 9  

10         Section 93.  Effective October 1, 2005, paragraph (b)

11  of subsection (5) of section 497.153, Florida Statutes, as

12  created by section 23 of chapter 2004-301, Laws of Florida, is

13  amended to read:

14         497.153  Disciplinary procedures and penalties.--

15         (5)  PENALTIES.--

16         (b)  In addition to any fine and other sanction

17  imposed, the board may order the payment by the licensee of

18  the reasonable costs of the department and the board

19  associated with investigation and prosecution of the matter,

20  and may order the licensee to make restitution as directed by

21  board order to persons harmed by the violation.

22  

23         Reviser's note.--Amended to improve clarity and

24         correct sentence construction.

25  

26         Section 94.  Effective October 1, 2005, subsection (2)

27  of section 497.160, Florida Statutes, as amended and

28  renumbered from section 497.437, Florida Statutes, by section

29  30 of chapter 2004-301, Laws of Florida, is amended to read:

30         497.160  Receivership proceedings.--

31  

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 1         (2)  A receivership under this section may be

 2  temporary, or for the winding up and dissolution of the

 3  business, as the department may request and the court

 4  determines to be necessary or advisable in the circumstances.

 5  Venue of receivership proceedings may be, at the department's

 6  election, in Leon County, or the county where the subject of

 7  the receivership is located. The appointed receiver shall be

 8  the department or such person as the department may nominate

 9  and the court shall approve. The provisions of part I of

10  chapter 631 shall be applicable to receiverships under this

11  section except to the extent the court shall determine the

12  application of particular of such provisions to be

13  impracticable or would produce unfair results in the

14  circumstances. Expenditures by the department from its

15  budgeted funds, the Preneed Funeral Contract Consumer

16  Protection Trust Fund, and other regulatory trust funds

17  derived from this chapter, for implementation and effectuation

18  of such a receivership, shall be authorized; any such funds

19  expended shall be a claim against the estate in the

20  receivership proceedings.

21  

22         Reviser's note.--Amended to improve clarity and

23         correct sentence construction.

24  

25         Section 95.  Effective October 1, 2005, subsection (2)

26  of section 497.166, Florida Statutes, as created by section 36

27  of chapter 2004-301, Laws of Florida, is amended to read:

28         497.166  Preneed sales.--

29         (2)  Nothing in parts I, II, III, V, or VI of this

30  chapter shall be understood to necessarily prohibit any

31  licensee under this chapter from selling preneed funerals and

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 1  funeral merchandise through its agents and employees, so long

 2  as such sales are permitted by part IV of this chapter.

 3  

 4         Reviser's note.--Amended to improve clarity and

 5         correct sentence construction.

 6  

 7         Section 96.  Effective October 1, 2005, subsections

 8  (10) and (14) of section 497.167, Florida Statutes, as created

 9  by section 37 of chapter 2004-301, Laws of Florida, are

10  amended to read:

11         497.167  Administrative matters.--

12         (10)  The board may establish by rule procedures and

13  requirements for the appearance before the board of any

14  applicant or principal of an applicant, to stand for oral

15  interview by the board at a public meeting of the board,

16  before an application shall be deemed complete. Such rule may

17  require such appearance for all or specified categories of

18  applicants and may provide criteria for determining when such

19  appearance shall be required.

20         (14)  The department shall have standing to appear as a

21  party litigant in any judicial proceeding for the purpose of

22  enforcing this chapter or for the protection of Florida

23  residents from the effects of any violation of this chapter.

24  

25         Reviser's note.--Amended to improve clarity and

26         correct sentence construction.

27  

28         Section 97.  Effective October 1, 2005, subsection (2)

29  of section 497.260, Florida Statutes, as amended and

30  renumbered from section 497.003, Florida Statutes, by section

31  42 of chapter 2004-301, Laws of Florida, is amended to read:

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 1         497.260  Cemeteries; exemption; investigation and

 2  mediation.--

 3         (2)  Section 497.276(1) as to burial records, and ss.

 4  497.152(1)(d), 497.164, 497.2765 497.310, 497.280, and 497.284

 5  apply to all cemeteries in this state.

 6  

 7         Reviser's note.--Amended to conform to the

 8         redesignation of s. 497.310 as s. 497.2765 by

 9         the reviser, effective October 1, 2005,

10         incident to the reorganization of chapter 497

11         by ch. 2004-301, Laws of Florida.

12  

13         Section 98.  Effective October 1, 2005, subsection (5)

14  of section 497.369, Florida Statutes, as amended and

15  renumbered from section 470.007, Florida Statutes, by section

16  74 of chapter 2004-301, Laws of Florida, is amended to read:

17         497.369  Embalmers; licensure as an embalmer by

18  endorsement; licensure of a temporary embalmer.--

19         (5)  There may be adopted by the licensing authority

20  rules authorizing an applicant who has met the requirements of

21  paragraphs (1)(b) and (c) and who is awaiting an opportunity

22  to take the examination required by subsection (4) to be

23  licensed as a temporary licensed embalmer. A temporary

24  licensed temporary embalmer may work as an embalmer in a

25  licensed funeral establishment under the general supervision

26  of a licensed embalmer. Such temporary license shall expire 60

27  days after the date of the next available examination required

28  under subsection (4); however, the temporary license may be

29  renewed one time under the same conditions as initial

30  issuance. The fee for issuance or renewal of an embalmer

31  temporary license shall be set by rule of the licensing

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 1  authority but may not exceed $200. The fee required in this

 2  subsection shall be nonrefundable and in addition to the fee

 3  required in subsection (1).

 4  

 5         Reviser's note.--Amended to eliminate

 6         redundancy.

 7  

 8         Section 99.  Effective October 1, 2005, paragraph (j)

 9  of subsection (1), paragraph (a) of subsection (5), and

10  subsection (6) of section 497.453, Florida Statutes, as

11  amended and renumbered from section 497.407, Florida Statutes,

12  by section 102 of chapter 2004-301, Laws of Florida, are

13  amended to read:

14         497.453  Application for preneed license, procedures

15  and criteria; renewal; reports.--

16         (1)  PRENEED LICENSE APPLICATION PROCEDURES.--

17         (j)  The application shall disclose the existence of

18  all preneed contracts for service or merchandise entered into

19  by the applicant, or by any other entity under common control

20  with the applicant, without or prior to authorization under

21  this section or predecessors to this section. As to each such

22  contract, the applicant shall disclose the name and address of

23  the contract purchaser, the status of the contract, and what

24  steps or measures the applicant has taken to ensure

25  performance of unfulfilled contracts, setting forth the

26  treatment and status of funds received from the customer in

27  regard to the contract, and stating the name and address of

28  any institution where such funds are deposited and the number

29  used by the institution to identify the account. With respect

30  to contracts entered into before January 1, 1983, an

31  application to issue or renew a preneed license may not be

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 1  denied solely on the basis of such disclosure. The purchaser

 2  of any such contract may not be required to liquidate the

 3  account if such account was established before July 1, 1965.

 4  Information disclosed may be used by the licensing authority

 5  to notify the contract purchaser and the institution in which

 6  such funds are deposited should the holder of a preneed

 7  license be unable to fulfill the requirements of the contract.

 8         (5)  RENEWAL OF LICENSES.--

 9         (a)  A preneed license shall expire annually on June 1,

10  unless renewed, or at such other time or times as may be

11  provided by rule. The application for renewal of the license

12  shall be on forms prescribed by rule and shall be accompanied

13  by a renewal fee as specified in paragraph (c).

14         (6)  QUARTERLY PAYMENTS.--In addition to other amounts

15  required to be paid by this section, each preneed licensee

16  shall pay to the Regulatory Trust Fund an amount established

17  by rule not to exceed $10 for each preneed contract entered

18  into. This amount must be paid within 60 days after the end of

19  each quarter. These funds must be used to defray the cost of

20  in administering the provisions of this part.

21  

22         Reviser's note.--Amended to improve clarity and

23         correct sentence construction.

24  

25         Section 100.  Effective October 1, 2005, subsection (8)

26  of section 497.458, Florida Statutes, as amended and

27  renumbered from section 497.417, Florida Statutes, by section

28  107 of chapter 2004-301, Laws of Florida, is amended to read:

29         497.458  Disposition of proceeds received on

30  contracts.--

31  

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 1         (8)  If in the preneed licensee's opinion it does not

 2  have the ability to select the financial responsibility

 3  alternative of s. 497.461 or s. 497.462, then the preneed

 4  licensee license shall not have the right to sell or solicit

 5  preneed contracts.

 6  

 7         Reviser's note.--Amended to correct an apparent

 8         error and facilitate correct interpretation.

 9  

10         Section 101.  Effective October 1, 2005, subsection (5)

11  of section 497.466, Florida Statutes, as amended and

12  renumbered from section 497.439, Florida Statutes, by section

13  115 of chapter 2004-301, Laws of Florida, is amended to read:

14         497.466  Preneed sales agents, license required;

15  application procedures and criteria; responsibility of preneed

16  licensee.--

17         (5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF

18  SPONSORING LICENSEE.--The board may by rule establish

19  simplified requirements and procedures under which any preneed

20  sales agent, who within the 12 months preceding application

21  under this subsection held in good standing a preneed sales

22  agent license under this section, may obtain a preneed sales

23  agent's license under this section to represent a different

24  sponsoring preneed licensee. The simplified requirements shall

25  dispense with the requirement for submission of fingerprints.

26  The licensing authority may by rule prescribe forms to be used

27  by applicants under this subsection, which forms may dispense

28  with the requirement for any information not deemed by the

29  licensing authority to be necessary to tracking the identity

30  identify of the preneed licensee responsible for the

31  activities of the preneed sales agent. No preneed sales agent

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 1  licensee whose sales agent license issued by the board was

 2  revoked or suspended or otherwise terminated while in other

 3  than good standing, shall be eligible to use the simplified

 4  requirements and procedures. The issuance of a preneed sales

 5  agent license under this subsection shall not operate as a bar

 6  to any subsequent disciplinary action relating to grounds

 7  arising prior to obtaining the license under this subsection.

 8  There shall be a fee payable to the department under such

 9  simplified procedures, which fee shall be the same as the fee

10  paid upon initial application for a preneed sales agent

11  license, except that no fingerprint fee shall be required if

12  such fingerprint fee is required for initial applications.

13  

14         Reviser's note.--Amended to correct an apparent

15         error.

16  

17         Section 102.  Effective October 1, 2005, subsection (3)

18  of section 497.550, Florida Statutes, as amended and

19  renumbered from section 497.361, Florida Statutes, by section

20  118 of chapter 2004-301, Laws of Florida, is amended to read:

21         497.550  Licensure of monument establishments required;

22  procedures and criteria.--

23         (3)  ACTION CONCERNING APPLICATIONS.--A duly completed

24  application for licensure as a monument establishment,

25  accompanied by the required application fee, shall be approved

26  unless there is shown by clear and convincing evidence that

27  the applicant will not, before commencing operations, have the

28  facilities required by this part or that issuance of the

29  license would pose an unreasonable risk to the public because

30  of one or more of the following factors:

31         (a)  The applicant's lack of experience.

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 1         (b)  The applicant's lack of financial resources.

 2         (c)  The criminal or disciplinary record of the

 3  applicant or its principals.

 4         (d)  A demonstrated history of violations of the laws

 5  of this state by the applicant or its principals regarding the

 6  funeral or cemetery business or other business activities.

 7         (e)  A demonstrated history of lack of trustworthiness

 8  or integrity on the part of the applicant or its principals.

 9  

10         Reviser's note.--Amended to correct sentence

11         construction.

12  

13         Section 103.  Effective October 1, 2005, paragraph (b)

14  of subsection (3) of section 497.551, Florida Statutes, as

15  created by section 119 of chapter 2004-301, Laws of Florida,

16  is amended to read:

17         497.551  Renewal of monument establishment licensure.--

18         (3)  A monument establishment licensee which as of 90

19  days prior to its monument establishment license renewal date

20  also holds a preneed sales license issued under this chapter,

21  shall renew its monument establishment license by payment of a

22  renewal fee determined by its total gross aggregate at-need

23  and preneed retail sales for the 12-month period ending 2 full

24  calendar months prior to the month in which the renewal is

25  required, as follows:

26         (b)  Total sales of $50,001 to $250,000, renewal fee

27  $1,500.

28  

29         Reviser's note.--Amended to correct an apparent

30         error.

31  

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 1         Section 104.  Effective October 1, 2005, subsection (1)

 2  of section 497.603, Florida Statutes, as amended and

 3  renumbered from section 470.018, Florida Statutes, by section

 4  128 of chapter 2004-301, Laws of Florida, is amended to read:

 5         497.603  Direct disposers, renewal of license.--

 6         (1)  A direct disposer's renewal of license shall be

 7  renewed upon receipt of the renewal application and fee set by

 8  rule of the licensing authority but not to exceed $250.

 9  

10         Reviser's note.--Amended to improve clarity and

11         correct sentence construction.

12  

13         Section 105.  Effective October 1, 2005, paragraph (c)

14  of subsection (2) and subsection (6) of section 497.604,

15  Florida Statutes, as amended and renumbered from section

16  470.021, Florida Statutes, by section 129 of chapter 2004-301,

17  Laws of Florida, are amended to read:

18         497.604  Direct disposal establishments, license

19  required; licensing procedures and criteria; license renewal;

20  regulation.--

21         (2)  APPLICATION PROCEDURES.--

22         (c)  The application shall name the licensed direct

23  disposer or licensed funeral director who will be acting as a

24  direct disposer in charge of the direct disposal

25  establishment.

26         (6)  RENEWAL OF LICENSE.--A direct disposal

27  establishment license shall be renewed biennially pursuant to

28  schedule, forms, and procedures and upon payment of a fee of

29  $200. The licensing authority may from time to time increase

30  the fee by rule but not to exceed $400.

31  

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 1         Reviser's note.--Paragraph (2)(c) is amended to

 2         correct an apparent error. Subsection (6) is

 3         amended to improve clarity and facilitate

 4         correct interpretation.

 5  

 6         Section 106.  Effective October 1, 2005, subsection (3)

 7  of section 497.608, Florida Statutes, as created by section

 8  133 of chapter 2004-301, Laws of Florida, is amended to read:

 9         497.608  Liability for unintentional commingling of the

10  residue of the cremation process.--

11         (3)  If an operator follows the procedures set forth in

12  written procedures filed with and approved by the licensing

13  authority, or adopts and follows the standard uniform

14  procedures adopted by the licensing authority, the operator

15  shall not be liable for the unintentional or the incidental

16  commingling of cremated remains resulting from more than one

17  cremation cycle or from postcremation processing, shipping,

18  packing, or identifying those remains.

19  

20         Reviser's note.--Amended to improve clarity and

21         correct sentence construction and to correct an

22         apparent error.

23  

24         Section 107.  Subsection (12) of section 550.0251,

25  Florida Statutes, is amended to read:

26         550.0251  The powers and duties of the Division of

27  Pari-mutuel Wagering of the Department of Business and

28  Professional Regulation.--The division shall administer this

29  chapter and regulate the pari-mutuel industry under this

30  chapter and the rules adopted pursuant thereto, and:

31  

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 1         (12)  The division shall have full authority and power

 2  to make, adopt, amend, or repeal rules relating to cardroom

 3  operations, to enforce and to carry out the provisions of s.

 4  849.086, and to regulate the authorized cardroom activities in

 5  the state.  The division is authorized to adopt emergency

 6  rules prior to January 1, 1997, to implement the provisions of

 7  s. 849.086.

 8  

 9         Reviser's note.--Amended to delete a provision

10         that has served its purpose.

11  

12         Section 108.  Subsection (19) of section 553.791,

13  Florida Statutes, is repealed.

14  

15         Reviser's note.--Repealed to delete obsolete

16         language requiring a report to the Legislature

17         on or before January 1, 2004.

18  

19         Section 109.  Subsection (1) of section 553.8413,

20  Florida Statutes, is amended to read:

21         553.8413  Education Technical Advisory

22  Committee.--Effective upon this act becoming a law, funds that

23  are available under ss. 489.109(3) and 489.509(3) shall be

24  allocated and expended by the Florida Building Commission as

25  provided in this section.

26         (1)  Effective upon this act becoming a law, the

27  Florida Building Commission shall appoint those members of the

28  Building Construction Industry Advisory Committee on October

29  1, 2001, as established by rule 6A-10.029, Florida

30  Administrative Code, to the Education Technical Advisory

31  Committee of the Florida Building Commission to complete their

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 1  terms of office. Members of the Florida Building Commission

 2  shall also be appointed to the Education Technical Advisory

 3  Committee. The members of the committee shall broadly

 4  represent the building construction industry and must consist

 5  of no fewer than 10 persons. The chairperson of the Florida

 6  Building Commission shall annually designate the chairperson

 7  of the committee. The terms of the committee members shall be

 8  2 years each, and members may be reappointed at the discretion

 9  of the Florida Building Commission.

10  

11         Reviser's note.--Amended to delete an obsolete

12         provision. The terms of office of the members

13         of the Building Construction Industry Advisory

14         Committee on October 1, 2001, as appointed to

15         the Education Technical Advisory Committee of

16         the Florida Building Commission have been

17         completed.

18  

19         Section 110.  Subsection (4) of section 556.112,

20  Florida Statutes, is repealed.

21  

22         Reviser's note.--Repealed to delete obsolete

23         language requiring a report to the Legislature

24         before January 1, 2004.

25  

26         Section 111.  Subsection (2) of section 558.002,

27  Florida Statutes, is amended to read:

28         558.002  Definitions.--As used in this chapter, the

29  term:

30  

31  

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 1         (2)  "Association" has the same meaning as in s.

 2  718.103(2), s. 719.103(2), s. 720.301(9), or s. 723.075

 3  723.025.

 4  

 5         Reviser's note.--Amended to conform to context.

 6         Section 723.075 relates to the meaning of the

 7         term "association" in regard to homeowners'

 8         associations for mobile home parks. Section

 9         723.025 relates to a park owner's access to

10         mobile homes and lots.

11  

12         Section 112.  Paragraph (a) of subsection (12) of

13  section 558.004, Florida Statutes, is amended to read:

14         558.004  Notice and opportunity to repair.--

15         (12)  This chapter does not:

16         (a)  Bar or limit any rights, including the right of

17  specific performance to the extent such right would be

18  available in the absence of this chapter act, any causes of

19  action, or any theories on which liability may be based,

20  except as specifically provided in this chapter;

21  

22         Reviser's note.--Amended to improve clarity.

23         Chapter 2004-342, Laws of Florida, changed all

24         other references to "act" in this section to

25         "chapter."

26  

27         Section 113.  Subsection (2) of section 560.408,

28  Florida Statutes, is repealed.

29  

30         Reviser's note.--Repealed to delete obsolete

31         language requiring a report to the President of

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 1         the Senate and the Speaker of the House of

 2         Representatives on January 1, 2004.

 3  

 4         Section 114.  Section 570.235, Florida Statutes, is

 5  repealed.

 6  

 7         Reviser's note.--This section created a Pest

 8         Exclusion Advisory Committee which was to

 9         conclude its findings and issue a report by

10         January 1, 2001.

11  

12         Section 115.  Subsection (14) of section 570.71,

13  Florida Statutes, is repealed, and subsection (2) of that

14  section is amended to read:

15         570.71  Conservation easements and agreements.--

16         (2)  To achieve the purposes of this act, beginning no

17  sooner than July 1, 2002, and every year thereafter, the

18  department may accept applications for project proposals that:

19         (a)  Purchase conservation easements, as defined in s.

20  704.06.

21         (b)  Purchase rural-lands-protection easements pursuant

22  to this act.

23         (c)  Fund resource conservation agreements pursuant to

24  this act.

25         (d)  Fund agricultural protection agreements pursuant

26  to this act. 

27  

28  No funds may be expended to implement this subsection prior to

29  July 1, 2002.

30  

31  

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 1         Reviser's note.--Subsection (2) is amended to

 2         delete obsolete language. Subsection (14) is

 3         repealed to delete obsolete language requiring

 4         a report to the Governor, the President of the

 5         Senate, and the Speaker of the House of

 6         Representatives by December 31, 2001.

 7  

 8         Section 116.  Subsection (3) of section 581.131,

 9  Florida Statutes, is amended to read:

10         581.131  Certificate of registration.--

11         (3)  Before any nurseryman, stock dealer, agent, or

12  plant broker advertises nursery stock for sale, a copy of the

13  certificate of registration must be provided to the publisher

14  of the advertisement.  The registration number issued by the

15  department and printed on the certificate of registration must

16  be included in the advertisement.  Registration numbers

17  printed in the advertisements must be legible.  Any

18  advertisement for the sale of nursery stock in print prior to

19  July 1, 1995, shall be exempt from the requirements of this

20  subsection.

21  

22         Reviser's note.--Amended to delete obsolete

23         language relating to advertisements in print

24         prior to July 1, 1995.

25  

26         Section 117.  Subsections (1) and (3) of section

27  620.9901, Florida Statutes, are repealed.

28  

29         Reviser's note.--Subsection (1) is repealed to

30         delete obsolete language applying the Revised

31         Uniform Partnership Act of 1995 to specified

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 1         partnerships between January 1, 1996, and

 2         January 1, 1998. Subsection (3) provides for

 3         voluntary application of the act between

 4         January 1, 1996, and January 1, 1998.

 5  

 6         Section 118.  Subsection (5) of section 624.426,

 7  Florida Statutes, is amended to read:

 8         624.426  Exceptions to countersignature law.--Section

 9  624.425 does not apply to:

10         (5)  Policies of insurance issued by insurers whose

11  agents represent, as to property, casualty, and surety

12  insurance, only one company or group of companies under common

13  ownership and for which the application has been lawfully

14  submitted to the insurer.

15  

16         Reviser's note.--Amended to improve clarity.

17  

18         Section 119.  Subsection (1) of section 626.112,

19  Florida Statutes, is reenacted to read:

20         626.112  License and appointment required; agents,

21  customer representatives, adjusters, insurance agencies,

22  service representatives, managing general agents.--

23         (1)(a)  No person may be, act as, or advertise or hold

24  himself or herself out to be an insurance agent, insurance

25  adjuster, or customer representative unless he or she is

26  currently licensed by the department and appointed by an

27  appropriate appointing entity or person.

28         (b)  Except as provided in subsection (6) or in

29  applicable department rules, and in addition to other conduct

30  described in this chapter with respect to particular types of

31  agents, a license as an insurance agent, service

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 1  representative, customer representative, or limited customer

 2  representative is required in order to engage in the

 3  solicitation of insurance. For purposes of this requirement,

 4  as applicable to any of the license types described in this

 5  section, the solicitation of insurance is the attempt to

 6  persuade any person to purchase an insurance product by:

 7         1.  Describing the benefits or terms of insurance

 8  coverage, including premiums or rates of return;

 9         2.  Distributing an invitation to contract to

10  prospective purchasers;

11         3.  Making general or specific recommendations as to

12  insurance products;

13         4.  Completing orders or applications for insurance

14  products; or

15         5.  Comparing insurance products, advising as to

16  insurance matters, or interpreting policies or coverages.

17  

18  However, an employee leasing company licensed pursuant to

19  chapter 468 which is seeking to enter into a contract with an

20  employer that identifies products and services offered to

21  employees may deliver proposals for the purchase of employee

22  leasing services to prospective clients of the employee

23  leasing company setting forth the terms and conditions of

24  doing business; classify employees as permitted by s. 468.529;

25  collect information from prospective clients and other sources

26  as necessary to perform due diligence on the prospective

27  client and to prepare a proposal for services; provide and

28  receive enrollment forms, plans, and other documents; and

29  discuss or explain in general terms the conditions,

30  limitations, options, or exclusions of insurance benefit plans

31  available to the client or employees of the employee leasing

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 1  company were the client to contract with the employee leasing

 2  company. Any advertising materials or other documents

 3  describing specific insurance coverages must identify and be

 4  from a licensed insurer or its licensed agent or a licensed

 5  and appointed agent employed by the employee leasing company.

 6  The employee leasing company may not advise or inform the

 7  prospective business client or individual employees of

 8  specific coverage provisions, exclusions, or limitations of

 9  particular plans. As to clients for which the employee leasing

10  company is providing services pursuant to s. 468.525(4), the

11  employee leasing company may engage in activities permitted by

12  ss. 626.7315, 626.7845, and 626.8305, subject to the

13  restrictions specified in those sections. If a prospective

14  client requests more specific information concerning the

15  insurance provided by the employee leasing company, the

16  employee leasing company must refer the prospective business

17  client to the insurer or its licensed agent or to a licensed

18  and appointed agent employed by the employee leasing company.

19  

20         Reviser's note.--Section 20, ch. 2004-390, Laws

21         of Florida, amended paragraph (1)(a) without

22         publishing the flush left language at the end

23         of the subsection. Absent affirmative evidence

24         of legislative intent to repeal the flush left

25         language at the end of the subsection,

26         subsection (1) is reenacted to confirm that the

27         omission was not intended.

28  

29         Section 120.  Subsection (1) of section 626.641,

30  Florida Statutes, is amended to read:

31         626.641  Duration of suspension or revocation.--

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 1         (1)  The department shall, in its order suspending a

 2  license or appointment or in its order suspending the

 3  eligibility of a person to hold or apply for such license or

 4  appointment, specify the period during which the suspension is

 5  to be in effect; but such period shall not exceed 2 years. The

 6  license, appointment, or eligibility shall remain suspended

 7  during the period so specified, subject, however, to any

 8  rescission or modification of the order by the department, or

 9  modification or reversal thereof by the court, prior to

10  expiration of the suspension period. A license, appointment,

11  or eligibility which has been suspended shall not be

12  reinstated except upon request for such reinstatement and, in

13  the case of a second suspension, completion of continuing

14  education courses prescribed and approved by the department or

15  office; but the department shall not grant such reinstatement

16  if it finds that the circumstance or circumstances for which

17  the license, appointment, or eligibility was suspended still

18  exist or are likely to recur.

19  

20         Reviser's note.--Amended to delete the words

21         "or office" as added by s. 44, ch. 2004-374,

22         Laws of Florida. Section 48, ch. 2004-390, Laws

23         of Florida, deleted all other references to

24         "office" to make provision for the Department

25         of Financial Services to regulate insurance

26         adjusters rather than the Office of Insurance

27         Regulation.

28  

29         Section 121.  Section 627.6685, Florida Statutes, is

30  repealed.

31  

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 1         Reviser's note.--This section, which relates to

 2         mental health coverage, does not apply to

 3         benefits for services furnished on or after

 4         September 30, 2001.

 5  

 6         Section 122.  Paragraph (a) of subsection (9) of

 7  section 627.6699, Florida Statutes, is amended to read:

 8         627.6699  Employee Health Care Access Act.--

 9         (9)  SMALL EMPLOYER CARRIER'S ELECTION TO BECOME A

10  RISK-ASSUMING CARRIER OR A REINSURING CARRIER.--

11         (a)  A small employer carrier must elect to become

12  either a risk-assuming carrier or a reinsuring carrier. Each

13  small employer carrier must make an initial election, binding

14  through January 1, 1994.  The carrier's initial election must

15  be made no later than October 31, 1992.  By October 31, 1993,

16  all small employer carriers must file a final election, which

17  is binding for 2 years, from January 1, 1994, through December

18  31, 1995, after which an election shall be binding for a

19  period of 5 years.  Any carrier that is not a small employer

20  carrier on October 31, 1992, and intends to become a small

21  employer carrier after October 31, 1992, must file its

22  designation when it files the forms and rates it intends to

23  use for small employer group health insurance; such

24  designation shall be binding for 2 years after the date of

25  approval of the forms and rates, and any subsequent

26  designation is binding for 5 years.  The office may permit a

27  carrier to modify its election at any time for good cause

28  shown, after a hearing.

29  

30  

31  

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 1         Reviser's note.--Amended to delete obsolete

 2         language relating to small employer carriers'

 3         initial elections by specified dates.

 4  

 5         Section 123.  Subparagraph 5. of paragraph (b) of

 6  subsection (5) of section 627.736, Florida Statutes, is

 7  amended to read:

 8         627.736  Required personal injury protection benefits;

 9  exclusions; priority; claims.--

10         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

11         (b)

12         5.  Effective upon this act becoming a law and before

13  November 1, 2001, allowable amounts that may be charged to a

14  personal injury protection insurance insurer and insured for

15  magnetic resonance imaging services shall not exceed 200

16  percent of the allowable amount under Medicare Part B for year

17  2001, for the area in which the treatment was rendered.

18  Beginning November 1, 2001, Allowable amounts that may be

19  charged to a personal injury protection insurance insurer and

20  insured for magnetic resonance imaging services shall not

21  exceed 175 percent of the allowable amount under the

22  participating physician fee schedule of Medicare Part B for

23  year 2001, for the area in which the treatment was rendered,

24  adjusted annually on August 1 to reflect the prior calendar

25  year's changes in the annual Medical Care Item of the Consumer

26  Price Index for All Urban Consumers in the South Region as

27  determined by the Bureau of Labor Statistics of the United

28  States Department of Labor for the 12-month period ending June

29  30 of that year, except that allowable amounts that may be

30  charged to a personal injury protection insurance insurer and

31  insured for magnetic resonance imaging services provided in

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 1  facilities accredited by the Accreditation Association for

 2  Ambulatory Health Care, the American College of Radiology, or

 3  the Joint Commission on Accreditation of Healthcare

 4  Organizations shall not exceed 200 percent of the allowable

 5  amount under the participating physician fee schedule of

 6  Medicare Part B for year 2001, for the area in which the

 7  treatment was rendered, adjusted annually on August 1 to

 8  reflect the prior calendar year's changes in the annual

 9  Medical Care Item of the Consumer Price Index for All Urban

10  Consumers in the South Region as determined by the Bureau of

11  Labor Statistics of the United States Department of Labor for

12  the 12-month period ending June 30 of that year. This

13  paragraph does not apply to charges for magnetic resonance

14  imaging services and nerve conduction testing for inpatients

15  and emergency services and care as defined in chapter 395

16  rendered by facilities licensed under chapter 395.

17  

18         Reviser's note.--Amended to delete an obsolete

19         provision limiting charges to personal injury

20         insurers and insureds for magnetic resonance

21         imaging to 200 percent of the allowable amount

22         under Medicare Part B until November 1, 2001.

23  

24         Section 124.  Subsection (4) of section 628.909,

25  Florida Statutes, is repealed, and subsection (1) of that

26  section is amended to read:

27         628.909  Applicability of other laws.--

28         (1)  The Florida Insurance Code shall not apply to

29  captive insurers or industrial insured captive insurers except

30  as provided in this part and subsections (2) and, (3), and

31  (4).

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 1         Reviser's note.--Subsection (1) is amended to

 2         delete a reference to subsection (4), which is

 3         repealed. Subsection (4) relates to an

 4         exemption from s. 624.404(8), which was

 5         repealed by s. 14, ch. 91-108, Laws of Florida.

 6  

 7         Section 125.  Paragraph (c) of subsection (3) of

 8  section 633.0215, Florida Statutes, is repealed.

 9  

10         Reviser's note.--Repealed to delete a provision

11         that has served its purpose. The provision

12         allowed locally adopted fire code requirements

13         to be deemed local variations of the Florida

14         Fire Prevention Code until adoption of a

15         statewide firesafety code or rescission of the

16         requirements, such action taking place no later

17         than January 1, 2002. The State Fire Marshal

18         has adopted a statewide firesafety code.

19  

20         Section 126.  Subsection (2) of section 636.240,

21  Florida Statutes, is amended to read:

22         636.240  Injunctions.--

23         (2)  The venue for any proceeding brought bought

24  pursuant to this section shall be in the Circuit Court of Leon

25  County.

26  

27         Reviser's note.--Amended to improve clarity and

28         facilitate correct interpretation.

29  

30         Section 127.  Subsection (10) of section 641.51,

31  Florida Statutes, is amended to read:

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 1         641.51  Quality assurance program; second medical

 2  opinion requirement.--

 3         (10)  Each organization shall adopt recommendations for

 4  preventive pediatric health care which are consistent with the

 5  requirements for health checkups for children developed for

 6  the Medicaid program.  Each organization shall establish goals

 7  to achieve 80-percent compliance by July 1, 1998, and

 8  90-percent compliance by July 1, 1999, for their enrolled

 9  pediatric population.

10  

11         Reviser's note.--Amended to delete obsolete

12         language relating to organizational compliance

13         by July 1, 1998.

14  

15         Section 128.  Subsection (2) of section 648.50, Florida

16  Statutes, is amended to read:

17         648.50  Effect of suspension, revocation upon

18  associated licenses and licensees.--

19         (2)  In case of the suspension or revocation of the

20  license or appointment, or the eligibility to hold a license

21  or appointment, of any bail bond agent, the license,

22  appointment, or eligibility of any and all bail bond agents

23  who are members of a bail bond agency, whether incorporated or

24  unincorporated, and any and all temporary bail bond agents or

25  runners employed by such bail bond agency, who knowingly are

26  parties to the act which formed the ground for the suspension

27  or revocation may likewise be suspended or revoked.

28  

29         Reviser's note.--Amended to delete an obsolete

30         reference. All other references to "runners"

31         were deleted from this section by s. 80, ch.

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 1         2003-267, Laws of Florida, and s. 71, ch.

 2         2003-281, Laws of Florida.

 3  

 4         Section 129.  Paragraph (e) of subsection (1) of

 5  section 650.05, Florida Statutes, is amended to read:

 6         650.05  Plans for coverage of employees of political

 7  subdivisions.--

 8         (1)  Each political subdivision of the state is

 9  authorized to submit for approval by the state agency a plan

10  for extending the benefits of Title II of the Social Security

11  Act, in conformity with the applicable provisions of such act,

12  to employees of such political subdivisions. Each such plan

13  and any amendment thereof shall be approved by the state

14  agency if it is found that such plan, or such plan as amended,

15  is in conformity with such requirements as are provided in

16  regulations of the state agency, except that no such plan

17  shall be approved unless:

18         (e)  It provides that the political subdivision will

19  make such reports, in such form and containing such

20  information, as the state agency may from time to time

21  require, and comply with such provisions as the state agency

22  or the Secretary of Health and Human Services Health,

23  Education, and Welfare may from time to time find necessary to

24  assure the correctness and verification of such reports; and

25  

26         Reviser's note.--Amended to conform to the

27         transfer of the duties of the former Secretary

28         of Health, Education, and Welfare concerning

29         Social Security to the Secretary of Health and

30         Human Services by Pub. L. No. 96-88.

31  

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 1         Section 130.  Subparagraph 6. of paragraph (a) of

 2  subsection (2) of section 655.948, Florida Statutes, is

 3  repealed.

 4  

 5         Reviser's note.--Subparagraph (2)(a)6., which

 6         relates to the failure to meet the minimum

 7         daily liquidity required of s. 658.68, is

 8         repealed. Section 658.68 was repealed by s. 25,

 9         ch. 2004-340, Laws of Florida, and s. 108, ch.

10         2004-390, Laws of Florida.

11  

12         Section 131.  Subsection (2) of section 658.60, Florida

13  Statutes, is amended to read:

14         658.60  Depositories of public moneys and pledge of

15  assets.--

16         (2)  Notwithstanding any other provision of this

17  section or the provisions of any other law requiring security

18  for deposits of funds in the form of surety bond, in the form

19  of the deposit or pledge of securities, or in any other form,

20  security for such deposits shall not be required to the extent

21  that such deposits are insured under the provisions of the

22  Federal Deposit Insurance Act, as now or hereafter amended.

23  Recognition is accorded to the custom and usage, and its

24  practicality, of the deposit or pledge of securities by banks,

25  as security for deposits, in an aggregate amount which,

26  because of the fluctuation from time to time of the aggregate

27  amount of the deposits secured thereby, may at times be in an

28  amount in excess of the required amount of such security

29  without withdrawing and redepositing securities with each

30  decrease and increase of the aggregate amount of deposits

31  secured thereby.  In order to effectuate the provisions of the

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 1  first sentence of this subsection, and in recognition of the

 2  availability of such excess securities for inclusion in the

 3  liquidity of state banks as provided in s. 658.68, whenever

 4  the amount of securities deposited or pledged exceeds the

 5  amount required for the deposits secured thereby, securities

 6  in an amount equal to such excess shall, for all purposes and

 7  laws, while such excess exists be, and be treated as, freed

 8  and discharged from such deposit and pledge even though not

 9  physically withdrawn or removed from such deposit or pledge,

10  and, in determining the securities which are so freed and

11  discharged, those securities which are eligible for inclusion

12  in a state bank's liquidity as provided in s. 658.68 shall

13  first be included in such determination. However, such excess

14  securities which are not physically withdrawn or removed from

15  deposit or from the pledge thereof shall immediately and

16  automatically, for all purposes and laws, be, and be treated

17  as, redeposited and repledged at such time or times as, and to

18  the extent that, there is an increase in the amount of

19  security required for funds deposited with the bank, and, in

20  determining the securities which are so automatically and

21  immediately redeposited and repledged, there shall first be

22  included those securities which are not eligible for the

23  aforesaid liquidity under s. 658.68.

24  

25         Reviser's note.--Amended to conform to the

26         repeal of s. 658.68 by s. 25, ch. 2004-340,

27         Laws of Florida, and s. 108, ch. 2004-390, Laws

28         of Florida.

29  

30         Section 132.  Subsection (1) of section 663.02, Florida

31  Statutes, is amended to read:

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 1         663.02  Applicability of state banking laws.--

 2         (1)  International banking corporations having offices

 3  in this state shall be subject to all the provisions of the

 4  financial institutions codes and chapter 655 as though such

 5  international banking corporations were state banks, except

 6  where it may appear, from the context or otherwise, that such

 7  provisions are clearly applicable only to banks or trust

 8  companies organized under the laws of this state or the United

 9  States. Without limiting the foregoing general provisions, it

10  is the intent of the Legislature that the following provisions

11  shall be applicable to such banks or corporations: s. 655.031,

12  relating to administrative enforcement guidelines; s. 655.032,

13  relating to investigations, subpoenas, hearings, and

14  witnesses; s. 655.0321, relating to hearings, proceedings, and

15  related documents and restricted access thereto; s. 655.033,

16  relating to cease and desist orders; s. 655.037, relating to

17  removal by the office of an officer, director, committee

18  member, employee, or other person; s. 655.041, relating to

19  administrative fines and enforcement; and s. 658.49, relating

20  to loans by banks not exceeding $50,000. International banking

21  corporations shall not have the powers conferred on domestic

22  banks by the provisions of s. 658.60, relating to deposits of

23  public funds. International banking corporations shall not be

24  subject to the provisions of s. 658.68, relating to liquidity.

25  The provisions of chapter 687, relating to interest and usury,

26  shall apply to all loans not subject to s. 658.49.

27  

28         Reviser's note.--Amended to conform to the

29         repeal of s. 658.68 by s. 25, ch. 2004-340,

30         Laws of Florida, and s. 108, ch. 2004-390, Laws

31         of Florida.

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 1         Section 133.  Subsection (3) of section 663.318,

 2  Florida Statutes, is repealed.

 3  

 4         Reviser's note.--Subsection (3), which subjects

 5         an international development bank organized

 6         under chapter 607 as a corporation for profit

 7         to s. 658.68, is repealed. Section 658.68 was

 8         repealed by s. 25, ch. 2004-340, Laws of

 9         Florida, and s. 108, ch. 2004-390, Laws of

10         Florida.

11  

12         Section 134.  Subsection (4) of section 668.602,

13  Florida Statutes, is amended to read:

14         668.602  Definitions.--As used in this part, the term:

15         (4)  "Computer virus" means a computer program that is

16  designed to replicate itself or affect another program or file

17  in the computer by attaching a copy of the program or other

18  set of instructions to one or more computer programs or files

19  without the consent of the owner or lawful user. The term

20  includes, but is not limited to, programs that are designed to

21  contaminate other computer programs; compromise computer

22  security; consume consumer computer resources; modify,

23  destroy, record, or transmit data; or disrupt the normal

24  operation of the computer, computer system, or computer

25  network. The term also includes, but is not limited to,

26  programs that are designed to use a computer without the

27  knowledge and consent of the owner or authorized user and to

28  send large quantities of data to a targeted computer network

29  without the consent of the network for the purpose of

30  degrading the targeted computer's or network's performance or

31  

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 1  for the purpose of denying access through the network to the

 2  targeted computer or network.

 3  

 4         Reviser's note.--Amended to improve clarity.

 5  

 6         Section 135.  Subsection (1) of section 717.1400,

 7  Florida Statutes, is amended to read:

 8         717.1400  Registration.--

 9         (1)  In order to file claims as a claimant's

10  representative, acquire ownership of or entitlement to

11  unclaimed property, receive a distribution of fees and costs

12  from the department, and obtain unclaimed property dollar

13  amounts, the number of reported shares of stock, and the last

14  four digits of social security numbers held by the department,

15  a private investigator holding a Class "C" individual license

16  under chapter 493 must register with the department on such

17  form as the department shall prescribe by rule, and must be

18  verified by the applicant. To register with the department, a

19  private investigator must provide:

20         (a)  A legible copy of the applicant's Class "A"

21  business license under chapter 493 or that of the applicant's

22  employer which holds a Class "A" business license under

23  chapter 493.

24         (b)  A legible copy of the applicant's Class "C"

25  individual license issued under chapter 493.

26         (c)  The applicant's business address and telephone

27  number.

28         (d)  The names of agents or employees, if any, who are

29  designated to act on behalf of the private investigator,

30  together with a legible copy of their photo identification

31  

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 1  issued by an agency of the United States, or a state, or a

 2  political subdivision thereof.

 3         (e)  Sufficient information to enable the department to

 4  disburse funds by electronic funds transfer.

 5         (f)  The tax identification number of the private

 6  investigator's employer which holds a Class "A" business

 7  license under chapter 493.

 8  

 9         Reviser's note.--Amended to improve clarity.

10  

11         Section 136.  Paragraph (d) of subsection (2) of

12  section 718.112, Florida Statutes, is reenacted to read:

13         718.112  Bylaws.--

14         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

15  the following and, if they do not do so, shall be deemed to

16  include the following:

17         (d)  Unit owner meetings.--

18         1.  There shall be an annual meeting of the unit

19  owners. Unless the bylaws provide otherwise, a vacancy on the

20  board caused by the expiration of a director's term shall be

21  filled by electing a new board member, and the election shall

22  be by secret ballot; however, if the number of vacancies

23  equals or exceeds the number of candidates, no election is

24  required. If there is no provision in the bylaws for terms of

25  the members of the board, the terms of all members of the

26  board shall expire upon the election of their successors at

27  the annual meeting. Any unit owner desiring to be a candidate

28  for board membership shall comply with subparagraph 3. A

29  person who has been convicted of any felony by any court of

30  record in the United States and who has not had his or her

31  right to vote restored pursuant to law in the jurisdiction of

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 1  his or her residence is not eligible for board membership. The

 2  validity of an action by the board is not affected if it is

 3  later determined that a member of the board is ineligible for

 4  board membership due to having been convicted of a felony.

 5         2.  The bylaws shall provide the method of calling

 6  meetings of unit owners, including annual meetings. Written

 7  notice, which notice must include an agenda, shall be mailed,

 8  hand delivered, or electronically transmitted to each unit

 9  owner at least 14 days prior to the annual meeting and shall

10  be posted in a conspicuous place on the condominium property

11  at least 14 continuous days preceding the annual meeting. Upon

12  notice to the unit owners, the board shall by duly adopted

13  rule designate a specific location on the condominium property

14  or association property upon which all notices of unit owner

15  meetings shall be posted; however, if there is no condominium

16  property or association property upon which notices can be

17  posted, this requirement does not apply. In lieu of or in

18  addition to the physical posting of notice of any meeting of

19  the unit owners on the condominium property, the association

20  may, by reasonable rule, adopt a procedure for conspicuously

21  posting and repeatedly broadcasting the notice and the agenda

22  on a closed-circuit cable television system serving the

23  condominium association. However, if broadcast notice is used

24  in lieu of a notice posted physically on the condominium

25  property, the notice and agenda must be broadcast at least

26  four times every broadcast hour of each day that a posted

27  notice is otherwise required under this section. When

28  broadcast notice is provided, the notice and agenda must be

29  broadcast in a manner and for a sufficient continuous length

30  of time so as to allow an average reader to observe the notice

31  and read and comprehend the entire content of the notice and

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 1  the agenda. Unless a unit owner waives in writing the right to

 2  receive notice of the annual meeting, such notice shall be

 3  hand delivered, mailed, or electronically transmitted to each

 4  unit owner. Notice for meetings and notice for all other

 5  purposes shall be mailed to each unit owner at the address

 6  last furnished to the association by the unit owner, or hand

 7  delivered to each unit owner. However, if a unit is owned by

 8  more than one person, the association shall provide notice,

 9  for meetings and all other purposes, to that one address which

10  the developer initially identifies for that purpose and

11  thereafter as one or more of the owners of the unit shall so

12  advise the association in writing, or if no address is given

13  or the owners of the unit do not agree, to the address

14  provided on the deed of record. An officer of the association,

15  or the manager or other person providing notice of the

16  association meeting, shall provide an affidavit or United

17  States Postal Service certificate of mailing, to be included

18  in the official records of the association affirming that the

19  notice was mailed or hand delivered, in accordance with this

20  provision.

21         3.  The members of the board shall be elected by

22  written ballot or voting machine. Proxies shall in no event be

23  used in electing the board, either in general elections or

24  elections to fill vacancies caused by recall, resignation, or

25  otherwise, unless otherwise provided in this chapter. Not less

26  than 60 days before a scheduled election, the association

27  shall mail, deliver, or electronically transmit, whether by

28  separate association mailing or included in another

29  association mailing, delivery, or transmission, including

30  regularly published newsletters, to each unit owner entitled

31  to a vote, a first notice of the date of the election. Any

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 1  unit owner or other eligible person desiring to be a candidate

 2  for the board must give written notice to the association not

 3  less than 40 days before a scheduled election. Together with

 4  the written notice and agenda as set forth in subparagraph 2.,

 5  the association shall mail, deliver, or electronically

 6  transmit a second notice of the election to all unit owners

 7  entitled to vote therein, together with a ballot which shall

 8  list all candidates. Upon request of a candidate, the

 9  association shall include an information sheet, no larger than

10  8 1/2  inches by 11 inches, which must be furnished by the

11  candidate not less than 35 days before the election, to be

12  included with the mailing, delivery, or transmission of the

13  ballot, with the costs of mailing, delivery, or electronic

14  transmission and copying to be borne by the association. The

15  association is not liable for the contents of the information

16  sheets prepared by the candidates.  In order to reduce costs,

17  the association may print or duplicate the information sheets

18  on both sides of the paper. The division shall by rule

19  establish voting procedures consistent with the provisions

20  contained herein, including rules establishing procedures for

21  giving notice by electronic transmission and rules providing

22  for the secrecy of ballots.  Elections shall be decided by a

23  plurality of those ballots cast. There shall be no quorum

24  requirement; however, at least 20 percent of the eligible

25  voters must cast a ballot in order to have a valid election of

26  members of the board. No unit owner shall permit any other

27  person to vote his or her ballot, and any such ballots

28  improperly cast shall be deemed invalid, provided any unit

29  owner who violates this provision may be fined by the

30  association in accordance with s. 718.303. A unit owner who

31  needs assistance in casting the ballot for the reasons stated

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 1  in s. 101.051 may obtain assistance in casting the ballot. The

 2  regular election shall occur on the date of the annual

 3  meeting. The provisions of this subparagraph shall not apply

 4  to timeshare condominium associations. Notwithstanding the

 5  provisions of this subparagraph, an election is not required

 6  unless more candidates file notices of intent to run or are

 7  nominated than board vacancies exist.

 8         4.  Any approval by unit owners called for by this

 9  chapter or the applicable declaration or bylaws, including,

10  but not limited to, the approval requirement in s. 718.111(8),

11  shall be made at a duly noticed meeting of unit owners and

12  shall be subject to all requirements of this chapter or the

13  applicable condominium documents relating to unit owner

14  decisionmaking, except that unit owners may take action by

15  written agreement, without meetings, on matters for which

16  action by written agreement without meetings is expressly

17  allowed by the applicable bylaws or declaration or any statute

18  that provides for such action.

19         5.  Unit owners may waive notice of specific meetings

20  if allowed by the applicable bylaws or declaration or any

21  statute. If authorized by the bylaws, notice of meetings of

22  the board of administration, unit owner meetings, except unit

23  owner meetings called to recall board members under paragraph

24  (j), and committee meetings may be given by electronic

25  transmission to unit owners who consent to receive notice by

26  electronic transmission.

27         6.  Unit owners shall have the right to participate in

28  meetings of unit owners with reference to all designated

29  agenda items. However, the association may adopt reasonable

30  rules governing the frequency, duration, and manner of unit

31  owner participation.

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 1         7.  Any unit owner may tape record or videotape a

 2  meeting of the unit owners subject to reasonable rules adopted

 3  by the division.

 4         8.  Unless otherwise provided in the bylaws, any

 5  vacancy occurring on the board before the expiration of a term

 6  may be filled by the affirmative vote of the majority of the

 7  remaining directors, even if the remaining directors

 8  constitute less than a quorum, or by the sole remaining

 9  director. In the alternative, a board may hold an election to

10  fill the vacancy, in which case the election procedures must

11  conform to the requirements of subparagraph 3. unless the

12  association has opted out of the statutory election process,

13  in which case the bylaws of the association control. Unless

14  otherwise provided in the bylaws, a board member appointed or

15  elected under this section shall fill the vacancy for the

16  unexpired term of the seat being filled. Filling vacancies

17  created by recall is governed by paragraph (j) and rules

18  adopted by the division.

19  

20  Notwithstanding subparagraphs (b)2. and (d)3., an association

21  may, by the affirmative vote of a majority of the total voting

22  interests, provide for different voting and election

23  procedures in its bylaws, which vote may be by a proxy

24  specifically delineating the different voting and election

25  procedures. The different voting and election procedures may

26  provide for elections to be conducted by limited or general

27  proxy.

28  

29         Reviser's note.--Section 4, ch. 2004-345, Laws

30         of Florida, purported to amend paragraph

31         (2)(d), but did not publish the amended

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 1         paragraph. Absent affirmative evidence of

 2         legislative intent to repeal it, paragraph

 3         (2)(d) is reenacted to confirm that the

 4         omission was not intended.

 5  

 6         Section 137.  Paragraph (d) of subsection (2) of

 7  section 720.303, Florida Statutes, as created by section 18 of

 8  chapter 2004-345, Laws of Florida, and paragraph (a) of

 9  subsection (10) of section 720.303, Florida Statutes, are

10  amended to read:

11         720.303  Association powers and duties; meetings of

12  board; official records; budgets; financial reporting;

13  association funds; recalls.--

14         (2)  BOARD MEETINGS.--

15         (d)  If 20 percent of the total voting interests

16  petition the board to address an item of business, the board

17  shall at its next regular board meeting or at a special

18  meeting of the board, but not later than 60 days after the

19  receipt of the petition, take the petitioned item up on an

20  agenda. The board shall give all members notice of the meeting

21  at which the petitioned item shall be addressed in accordance

22  with the 14-day notice requirement pursuant to subparagraph

23  (c)2. subparagraph 2. Each member shall have the right to

24  speak for at least 3 minutes on each matter placed on the

25  agenda by petition, provided that the member signs the sign-up

26  sheet, if one is provided, or submits a written request to

27  speak prior to the meeting. Other than addressing the

28  petitioned item at the meeting, the board is not obligated to

29  take any other action requested by the petition.

30         (10)  RECALL OF DIRECTORS.--

31  

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 1         (a)1.  Regardless of any provision to the contrary

 2  contained in the governing documents, subject to the

 3  provisions of s. 720.307 regarding transition of association

 4  control, any member of the board of or directors may be

 5  recalled and removed from office with or without cause by a

 6  majority of the total voting interests.

 7         2.  When the governing documents, including the

 8  declaration, articles of incorporation, or bylaws, provide

 9  that only a specific class of members is entitled to elect a

10  board director or directors, only that class of members may

11  vote to recall those board directors so elected.

12  

13         Reviser's note.--Paragraph (2)(d) as created by

14         s. 18, ch. 2004-345, Laws of Florida, is

15         amended to improve clarity and facilitate

16         correct interpretation. Paragraph (d) is not

17         divided into subparagraphs; subparagraph (c)2.

18         relates to the 14-day notice. Paragraph (10)(a)

19         is amended to conform to context.

20  

21         Section 138.  Subsection (1) of section 720.402,

22  Florida Statutes, is amended to read:

23         720.402  Publication of false and misleading

24  information.--

25         (1)  Any person who, in reasonable reliance upon any

26  material statement or information that is false or misleading

27  and published by or under authority from the developer in

28  advertising and promotional materials, including, but not

29  limited to, a contract of purchase purchaser, the declaration

30  of covenants, exhibits to a declaration of covenants,

31  brochures, and newspaper advertising, pays anything of value

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 1  toward the purchase of a parcel in a community located in this

 2  state has a cause of action to rescind the contract or collect

 3  damages from the developer for his or her loss before the

 4  closing of the transaction. After the closing of the

 5  transaction, the purchaser has a cause of action against the

 6  developer for damages under this section from the time of

 7  closing until 1 year after the date upon which the last of the

 8  events described in paragraphs (a) through (d) occurs:

 9         (a)  The closing of the transaction;

10         (b)  The issuance by the applicable governmental

11  authority of a certificate of occupancy or other evidence of

12  sufficient completion of construction of the purchaser's

13  residence to allow lawful occupancy of the residence by the

14  purchaser. In counties or municipalities in which certificates

15  of occupancy or other evidences of completion sufficient to

16  allow lawful occupancy are not customarily issued, for the

17  purpose of this section, evidence of lawful occupancy shall be

18  deemed to be given or issued upon the date that such lawful

19  occupancy of the residence may be allowed under prevailing

20  applicable laws, ordinances, or statutes;

21         (c)  The completion by the developer of the common

22  areas and such recreational facilities, whether or not the

23  same are common areas, which the developer is obligated to

24  complete or provide under the terms of the written contract,

25  governing documents, or written agreement for purchase or

26  lease of the parcel; or

27         (d)  In the event there is not a written contract or

28  agreement for sale or lease of the parcel, then the completion

29  by the developer of the common areas and such recreational

30  facilities, whether or not they are common areas, which the

31  

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 1  developer would be obligated to complete under any rule of law

 2  applicable to the developer's obligation.

 3  

 4  Under no circumstances may a cause of action created or

 5  recognized under this section survive for a period of more

 6  than 5 years after the closing of the transaction.

 7  

 8         Reviser's note.--Amended to improve clarity and

 9         facilitate correct interpretation.

10  

11         Section 139.  Paragraph (d) of subsection (4) of

12  section 720.405, Florida Statutes, is amended to read:

13         720.405  Organizing committee; parcel owner approval.--

14         (4)  The proposed revived declaration and other

15  governing documents for the community shall:

16         (d)  Contain no covenants that are more restrictive on

17  the affected parcel owners than the covenants contained in the

18  previous governing documents, except as permitted under s.

19  720.404(3) 720.402(3); and

20  

21         Reviser's note.--Amended to improve clarity and

22         facilitate correct interpretation. Section

23         720.402 does not contain a subsection (3); s.

24         720.404(3) relates to restrictive covenants.

25  

26         Section 140.  Subsection (2) of section 721.075,

27  Florida Statutes, is reenacted to read:

28         721.075  Incidental benefits.--Incidental benefits

29  shall be offered only as provided in this section.

30         (2)  Each purchaser shall execute a separate

31  acknowledgment and disclosure statement with respect to all

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 1  incidental benefits, which statement shall include the

 2  following information:

 3         (a)  A fair description of the incidental benefit,

 4  including, but not limited to, any user fees or costs

 5  associated therewith and any restrictions upon use or

 6  availability.

 7         (b)  A statement that use of or participation in the

 8  incidental benefit by the prospective purchaser is completely

 9  voluntary, and that payment of any fee or other cost

10  associated with the incidental benefit is required only upon

11  such use or participation.

12         (c)  A statement that the incidental benefit is not

13  assignable or otherwise transferable by the prospective

14  purchaser or purchaser.

15         (d)  The following disclosure in conspicuous type

16  immediately above the space for the purchaser's signature:

17  

18         The incidental benefit[s] described in this statement

19  is [are] offered to prospective purchasers of the timeshare

20  plan [or other permitted reference pursuant to s.

21  721.11(5)(a)].  This [These] benefit[s] is [are] available for

22  your use for [some period 3 years or less] after the first

23  date that the timeshare plan is available for your use. The

24  availability of the incidental benefit[s] may or may not be

25  renewed or extended.  You should not purchase an interest in

26  the timeshare plan in reliance upon the continued availability

27  or renewal or extension of this [these] benefit[s].

28         (e)  A statement indicating the source of the services,

29  points, or other products that constitute the incidental

30  benefit.

31  

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 1  The acknowledgment and disclosure statement for any incidental

 2  benefit shall be filed with the division prior to use.  Each

 3  purchaser shall receive a copy of his or her executed

 4  acknowledgment and disclosure statement as a document required

 5  to be provided to him or her pursuant to s. 721.10(1)(b).

 6  

 7         Reviser's note.--Section 7, ch. 2004-279, Laws

 8         of Florida, added paragraph (e) to subsection

 9         (2) without publishing the flush left language

10         at the end of the subsection. Absent

11         affirmative evidence of legislative intent to

12         repeal it, the flush left language is reenacted

13         to confirm that the omission was not intended.

14  

15         Section 141.  Subsection (4) of section 744.3678,

16  Florida Statutes, is amended to read:

17         744.3678  Annual accounting.--

18         (4)  The guardian shall pay from the ward's estate to

19  the clerk of the circuit court a fee based upon the following

20  graduated fee schedule, upon the filing of the annual

21  financial return, for the auditing of the return:

22         (a)  For estates with a value of $25,000 or less the

23  clerk of the court may charge a fee of up to $15.

24         (b)  For estates with a value of more than $25,000 up

25  to and including $100,000 the clerk of the court may charge a

26  fee of up to $75.

27         (c)  For estates with a value of more than $100,000 up

28  to and including $500,000 the clerk of the court may charge a

29  fee of up to $150.

30         (d)  For estates with a value in excess of $500,000 the

31  clerk of the court may charge a fee of up to $225.

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 1  

 2  Upon petition by the guardian, the court may waive the

 3  auditing fee upon a showing of insufficient funds in the

 4  ward's estate. Any guardian unable to pay the auditing fee may

 5  petition the court for a waiver of the fee. The court may

 6  waive the fee after it has reviewed the documentation filed by

 7  the guardian in support of the waiver.

 8  

 9         Reviser's note.--Amended to improve clarity and

10         facilitate correct interpretation.

11  

12         Section 142.  Paragraph (d) of subsection (2) of

13  section 744.7021, Florida Statutes, is amended to read:

14         744.7021  Statewide Public Guardianship Office.--There

15  is hereby created the Statewide Public Guardianship Office

16  within the Department of Elderly Affairs.

17         (2)  The executive director shall, within available

18  resources, have oversight responsibilities for all public

19  guardians.

20         (d)  By January 1, 2004, and by January 1 of each year

21  thereafter, the executive director shall provide a status

22  report and provide further recommendations to the secretary

23  that address the need for public guardianship services and

24  related issues.

25  

26         Reviser's note.--Amended to improve clarity and

27         delete obsolete language.

28  

29         Section 143.  Subsection (5) of section 782.081,

30  Florida Statutes, is amended to read:

31         782.081  Commercial exploitation of self-murder.--

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 1         (5)  A person who violates this section commits a

 2  felony of the third degree, punishable as provided in s.

 3  775.082, s. 775.083, or s. 775.084 774.084.

 4  

 5         Reviser's note.--Amended to improve clarity and

 6         facilitate correct interpretation. Section

 7         774.084 does not exist; s. 775.084 provides

 8         punishment for felonies.

 9  

10         Section 144.  Paragraph (b) of subsection (4) of

11  section 784.046, Florida Statutes, is amended to read:

12         784.046  Action by victim of repeat violence, sexual

13  violence, or dating violence for protective injunction; powers

14  and duties of court and clerk of court; filing and form of

15  petition; notice and hearing; temporary injunction; issuance;

16  statewide verification system; enforcement.--

17         (4)

18         (b)  The sworn petition must be in substantially the

19  following form:

20  

21              PETITION FOR INJUNCTION FOR PROTECTION

22                 AGAINST REPEAT VIOLENCE, SEXUAL

23                   VIOLENCE, OR DATING VIOLENCE

24  

25         Before me, the undersigned authority, personally

26  appeared Petitioner ...(Name)..., who has been sworn and says

27  that the following statements are true:

28  

29         1.  Petitioner resides at ...(address)... (A petitioner

30  for an injunction for protection against sexual violence may

31  furnish an address to the court in a separate confidential

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 1  filing if, for safety reasons, the petitioner requires the

 2  location of his or her current residence to be confidential

 3  pursuant to s. 119.07(6)(s) 119.07(3)(s), Florida Statutes.)

 4         2.  Respondent resides at ...(address)...

 5         3.a.  Petitioner has suffered repeat violence as

 6  demonstrated by the fact that the respondent has:

 7         ...(enumerate incidents of violence)...

 8  

 9                 ................................

10                 ................................

11                 ................................

12  

13         b.  Petitioner has suffered sexual violence as

14  demonstrated by the fact that the respondent has: (enumerate

15  incident of violence and include incident report number from

16  law enforcement agency or attach notice of inmate release.)

17  

18                 ................................

19                 ................................

20                 ................................

21  

22         c.  Petitioner is a victim of dating violence and has

23  reasonable cause to believe that he or she is in imminent

24  danger of becoming the victim of another act of dating

25  violence or has reasonable cause to believe that he or she is

26  in imminent danger of becoming a victim of dating violence, as

27  demonstrated by the fact that the respondent has: ...(list the

28  specific incident or incidents of violence and describe the

29  length of time of the relationship, whether it has been in

30  existence during the last 6 months, the nature of the

31  relationship of a romantic or intimate nature, the frequency

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 1  and type of interaction, and any other facts that characterize

 2  the relationship.)...

 3  

 4                 ................................

 5                 ................................

 6                 ................................

 7  

 8         4.  Petitioner genuinely fears repeat violence by the

 9  respondent.

10         5.  Petitioner seeks: an immediate injunction against

11  the respondent, enjoining him or her from committing any

12  further acts of violence; an injunction enjoining the

13  respondent from committing any further acts of violence; and

14  an injunction providing any terms the court deems necessary

15  for the protection of the petitioner and the petitioner's

16  immediate family, including any injunctions or directives to

17  law enforcement agencies.

18  

19         Reviser's note.--Amended to conform to the

20         redesignation of s. 119.07(3)(s) as s.

21         119.07(6)(s) by s. 7, ch. 2004-335, Laws of

22         Florida.

23  

24         Section 145.  Paragraph (a) of subsection (1) of

25  section 895.02, Florida Statutes, is amended to read:

26         895.02  Definitions.--As used in ss. 895.01-895.08, the

27  term:

28         (1)  "Racketeering activity" means to commit, to

29  attempt to commit, to conspire to commit, or to solicit,

30  coerce, or intimidate another person to commit:

31  

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 1         (a)  Any crime which is chargeable by indictment or

 2  information under the following provisions of the Florida

 3  Statutes:

 4         1.  Section 210.18, relating to evasion of payment of

 5  cigarette taxes.

 6         2.  Section 403.727(3)(b), relating to environmental

 7  control.

 8         3.  Section 409.920 or s. 409.9201, relating to

 9  Medicaid fraud.

10         4.  Section 414.39, relating to public assistance

11  fraud.

12         5.  Section 440.105 or s. 440.106, relating to workers'

13  compensation.

14         6.  Section 465.0161, relating to distribution of

15  medicinal drugs without a permit as an Internet pharmacy.

16         7.  Sections 499.0051, 499.0052, 499.00535 499.0053,

17  499.00545, and 499.0691, relating to crimes involving

18  contraband and adulterated drugs.

19         8.  Part IV of chapter 501, relating to telemarketing.

20         9.  Chapter 517, relating to sale of securities and

21  investor protection.

22         10.  Section 550.235, s. 550.3551, or s. 550.3605,

23  relating to dogracing and horseracing.

24         11.  Chapter 550, relating to jai alai frontons.

25         12.  Chapter 552, relating to the manufacture,

26  distribution, and use of explosives.

27         13.  Chapter 560, relating to money transmitters, if

28  the violation is punishable as a felony.

29         14.  Chapter 562, relating to beverage law enforcement.

30         15.  Section 624.401, relating to transacting insurance

31  without a certificate of authority, s. 624.437(4)(c)1.,

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 1  relating to operating an unauthorized multiple-employer

 2  welfare arrangement, or s. 626.902(1)(b), relating to

 3  representing or aiding an unauthorized insurer.

 4         16.  Section 655.50, relating to reports of currency

 5  transactions, when such violation is punishable as a felony.

 6         17.  Chapter 687, relating to interest and usurious

 7  practices.

 8         18.  Section 721.08, s. 721.09, or s. 721.13, relating

 9  to real estate timeshare plans.

10         19.  Chapter 782, relating to homicide.

11         20.  Chapter 784, relating to assault and battery.

12         21.  Chapter 787, relating to kidnapping.

13         22.  Chapter 790, relating to weapons and firearms.

14         23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,

15  s. 796.05, or s. 796.07, relating to prostitution and sex

16  trafficking.

17         24.  Chapter 806, relating to arson.

18         25.  Section 810.02(2)(c), relating to specified

19  burglary of a dwelling or structure.

20         26.  Chapter 812, relating to theft, robbery, and

21  related crimes.

22         27.  Chapter 815, relating to computer-related crimes.

23         28.  Chapter 817, relating to fraudulent practices,

24  false pretenses, fraud generally, and credit card crimes.

25         29.  Chapter 825, relating to abuse, neglect, or

26  exploitation of an elderly person or disabled adult.

27         30.  Section 827.071, relating to commercial sexual

28  exploitation of children.

29         31.  Chapter 831, relating to forgery and

30  counterfeiting.

31  

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 1         32.  Chapter 832, relating to issuance of worthless

 2  checks and drafts.

 3         33.  Section 836.05, relating to extortion.

 4         34.  Chapter 837, relating to perjury.

 5         35.  Chapter 838, relating to bribery and misuse of

 6  public office.

 7         36.  Chapter 843, relating to obstruction of justice.

 8         37.  Section 847.011, s. 847.012, s. 847.013, s.

 9  847.06, or s. 847.07, relating to obscene literature and

10  profanity.

11         38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

12  or s. 849.25, relating to gambling.

13         39.  Chapter 874, relating to criminal street gangs.

14         40.  Chapter 893, relating to drug abuse prevention and

15  control.

16         41.  Chapter 896, relating to offenses related to

17  financial transactions.

18         42.  Sections 914.22 and 914.23, relating to tampering

19  with a witness, victim, or informant, and retaliation against

20  a witness, victim, or informant.

21         43.  Sections 918.12 and 918.13, relating to tampering

22  with jurors and evidence.

23  

24         Reviser's note.--Amended to conform to the

25         redesignation of the referenced s. 499.0053 as

26         s. 499.00535 by the reviser incident to

27         compiling the 2003 Florida Statutes.

28  

29         Section 146.  Paragraph (i) of subsection (3) of

30  section 921.0022, Florida Statutes, is amended to read:

31  

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 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  

 5  Florida           Felony

 6  Statute           Degree             Description

 7  

 8                              (i)  LEVEL 9

 9  316.193

10   (3)(c)3.b.        1st      DUI manslaughter; failing to

11                              render aid or give information.

12  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

13                              render aid or give information.

14  499.00535 499.0053 1st      Sale or purchase of contraband

15                              legend drugs resulting in great

16                              bodily harm.

17  560.123(8)(b)3.    1st      Failure to report currency or

18                              payment instruments totaling or

19                              exceeding $100,000 by money

20                              transmitter.

21  560.125(5)(c)      1st      Money transmitter business by

22                              unauthorized person, currency, or

23                              payment instruments totaling or

24                              exceeding $100,000.

25  655.50(10)(b)3.    1st      Failure to report financial

26                              transactions totaling or

27                              exceeding $100,000 by financial

28                              institution.

29  775.0844           1st      Aggravated white collar crime.

30  782.04(1)          1st      Attempt, conspire, or solicit to

31                              commit premeditated murder.

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 1  782.04(3)          1st,PBL   Accomplice to murder in

 2                              connection with arson, sexual

 3                              battery, robbery, burglary, and

 4                              other specified felonies.

 5  782.051(1)         1st      Attempted felony murder while

 6                              perpetrating or attempting to

 7                              perpetrate a felony enumerated in

 8                              s. 782.04(3).

 9  782.07(2)          1st      Aggravated manslaughter of an

10                              elderly person or disabled adult.

11  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

12                              reward or as a shield or hostage.

13  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

14                              or facilitate commission of any

15                              felony.

16  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

17                              interfere with performance of any

18                              governmental or political

19                              function.

20  787.02(3)(a)       1st      False imprisonment; child under

21                              age 13; perpetrator also commits

22                              aggravated child abuse, sexual

23                              battery, or lewd or lascivious

24                              battery, molestation, conduct, or

25                              exhibition.

26  790.161            1st      Attempted capital destructive

27                              device offense.

28  790.166(2)         1st,PBL  Possessing, selling, using, or

29                              attempting to use a weapon of

30                              mass destruction.

31  

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 1  794.011(2)         1st      Attempted sexual battery; victim

 2                              less than 12 years of age.

 3  794.011(2)         Life     Sexual battery; offender younger

 4                              than 18 years and commits sexual

 5                              battery on a person less than 12

 6                              years.

 7  794.011(4)         1st      Sexual battery; victim 12 years

 8                              or older, certain circumstances.

 9  794.011(8)(b)      1st      Sexual battery; engage in sexual

10                              conduct with minor 12 to 18 years

11                              by person in familial or

12                              custodial authority.

13  800.04(5)(b)       1st      Lewd or lascivious molestation;

14                              victim less than 12 years;

15                              offender 18 years or older.

16  812.13(2)(a)       1st,PBL  Robbery with firearm or other

17                              deadly weapon.

18  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

19                              deadly weapon.

20  812.135(2)(b)      1st      Home-invasion robbery with

21                              weapon.

22  817.568(7)         2nd,PBL  Fraudulent use of personal

23                              identification information of an

24                              individual under the age of 18 by

25                              his or her parent, legal

26                              guardian, or person exercising

27                              custodial authority.

28  827.03(2)          1st      Aggravated child abuse.

29  847.0145(1)        1st      Selling, or otherwise

30                              transferring custody or control,

31                              of a minor.

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 1  847.0145(2)        1st      Purchasing, or otherwise

 2                              obtaining custody or control, of

 3                              a minor.

 4  859.01             1st      Poisoning or introducing

 5                              bacteria, radioactive materials,

 6                              viruses, or chemical compounds

 7                              into food, drink, medicine, or

 8                              water with intent to kill or

 9                              injure another person.

10  893.135            1st      Attempted capital trafficking

11                              offense.

12  893.135(1)(a)3.    1st      Trafficking in cannabis, more

13                              than 10,000 lbs.

14  893.135

15   (1)(b)1.c.        1st      Trafficking in cocaine, more than

16                              400 grams, less than 150

17                              kilograms.

18  893.135

19   (1)(c)1.c.        1st      Trafficking in illegal drugs,

20                              more than 28 grams, less than 30

21                              kilograms.

22  893.135

23   (1)(d)1.c.        1st      Trafficking in phencyclidine,

24                              more than 400 grams.

25  893.135

26   (1)(e)1.c.        1st      Trafficking in methaqualone, more

27                              than 25 kilograms.

28  893.135

29   (1)(f)1.c.        1st      Trafficking in amphetamine, more

30                              than 200 grams.

31  

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 1  893.135

 2   (1)(h)1.c.        1st      Trafficking in

 3                              gamma-hydroxybutyric acid (GHB),

 4                              10 kilograms or more.

 5  893.135

 6   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

 7                              kilograms or more.

 8  893.135

 9   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

10                              400 grams or more.

11  896.101(5)(c)      1st      Money laundering, financial

12                              instruments totaling or exceeding

13                              $100,000.

14  896.104(4)(a)3.    1st      Structuring transactions to evade

15                              reporting or registration

16                              requirements, financial

17                              transactions totaling or

18                              exceeding $100,000.

19  

20         Reviser's note.--Amended to conform to the

21         redesignation of the referenced s. 499.0053 as

22         s. 499.00535 by the reviser incident to

23         compiling the 2003 Florida Statutes.

24  

25         Section 147.  Section 932.706, Florida Statutes, is

26  amended to read:

27         932.706  Forfeiture training requirements.--The

28  Criminal Justice Standards and Training Commission shall

29  develop a standardized course of training for basic recruits

30  and continuing education which shall be designed to develop

31  proficiency in the seizure and forfeiture of property under

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 1  the Florida Contraband Forfeiture Act. Such course of training

 2  and continuing education shall be developed and implemented by

 3  December 1, 1995. The curriculum for the course of training

 4  and continuing education must include, but is not limited to,

 5  racial and ethnic sensitivity and a review of cases in this

 6  state which involve searches and seizures, the use of

 7  drug-courier profiles by law enforcement agencies, and the use

 8  of an order to stop based on a pretext.

 9  

10         Reviser's note.--Amended to delete an obsolete

11         provision. The cited course of training and

12         continuing education was to be developed and

13         implemented by December 1, 1995.

14  

15         Section 148.  Subsection (3) of section 943.125,

16  Florida Statutes, is repealed.

17  

18         Reviser's note.--Repealed to delete a provision

19         that has served its purpose. The cited

20         subsection provides for the development of

21         arrest and security protocols by October 1,

22         1996.

23  

24         Section 149.  Subsection (2) of section 944.026,

25  Florida Statutes, is amended to read:

26         944.026  Community-based facilities and programs.--

27         (2)  By January 1, 2002, and Notwithstanding any other

28  law, the department shall ensure that at least 400 of its

29  contracted beds in nonsecure community-based residential

30  substance abuse treatment facilities authorized under

31  subparagraph (1)(b)1. or probation and restitution centers

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 1  authorized under paragraph (1)(c) are designated for

 2  transition assistance for inmates who are nearing their date

 3  of release from a correctional institution or a community

 4  correctional center. These designated beds shall be provided

 5  by private organizations that do not have a faith component

 6  and that are under contract with the department. In making

 7  placement decisions, the department and the contract providers

 8  shall give priority consideration to those inmates who are

 9  nearing their date of release and who are to be placed in some

10  form of postrelease community supervision. However, if an

11  inmate whose sentence expires upon his or her release from a

12  correctional institution or a community correction center and

13  for whom community supervision is not required demonstrates

14  the need for or interest in and suitability for

15  transition-housing assistance, as determined by the

16  department, the inmate is eligible to be considered for

17  placement in transition housing. A right to substance abuse

18  program services is not stated, intended, or otherwise implied

19  by this subsection.

20  

21         Reviser's note.--Amended to delete obsolete

22         language.

23  

24         Section 150.  Paragraph (a) of subsection (5) of

25  section 944.1905, Florida Statutes, is amended to read:

26         944.1905  Initial inmate classification; inmate

27  reclassification.--The Department of Corrections shall

28  classify inmates pursuant to an objective classification

29  scheme. The initial inmate classification questionnaire and

30  the inmate reclassification questionnaire must cover both

31  aggravating and mitigating factors.

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 1         (5)(a)  Notwithstanding any other provision of this

 2  section, the department shall assign to specific correctional

 3  facilities all inmates who are less than 18 years of age and

 4  who are not eligible for and have not been assigned to a

 5  facility for youthful offenders. Any such inmate who is less

 6  than 18 years of age shall be housed in a dormitory that is

 7  separate from inmates who are 18 years of age or older.

 8  Furthermore, the department shall provide any food service,

 9  education, and recreation for such inmate separately from

10  inmates who are 18 years of age or older. The department shall

11  report to the Legislature on compliance with this paragraph by

12  April 1, 2002.

13  

14         Reviser's note.--Amended to delete obsolete

15         language. The referenced report of compliance

16         was due on April 1, 2002.

17  

18         Section 151.  Subsections (3) and (4) of section

19  944.803, Florida Statutes, are amended to read:

20         944.803  Faith-based programs for inmates.--

21         (3)  By March 1, 2002, The department must have at

22  least three additional faith-based dormitory programs fully

23  operational and by June 1, 2002, the department must have at

24  least three more faith-based dormitory programs fully

25  operational, for a total of six new programs fully operational

26  by June 1, 2002. These six programs shall be similar to and in

27  addition to the current faith-based pilot program. The six new

28  programs shall be a joint effort with the department and

29  faith-based service groups within the community. The

30  department shall ensure that an inmate's faith orientation, or

31  lack thereof, will not be considered in determining admission

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 1  to a faith-based program and that the program does not attempt

 2  to convert an inmate toward a particular faith or religious

 3  preference. The programs shall operate 24 hours a day within

 4  the existing correctional facilities. The programs must

 5  emphasize the importance of personal responsibility,

 6  meaningful work, education, substance abuse treatment, and

 7  peer support. Participation in the faith-based dormitory

 8  program shall be voluntary. However, at least 80 percent of

 9  the inmates participating in this program must be within 36

10  months of release. Assignment to these programs shall be based

11  on evaluation and the length of time the inmate is projected

12  to be assigned to that particular institution. In evaluating

13  an inmate for this program, priority shall be given to inmates

14  who have shown an indication for substance abuse. A right to

15  substance abuse program services is not stated, intended, or

16  otherwise implied by this subsection. The department may not

17  remove an inmate once assigned to the program except for the

18  purposes of population management, for inmate conduct that may

19  subject the inmate to disciplinary confinement or loss of

20  gain-time, for physical or mental health concerns, or for

21  security or safety concerns. To support the programming

22  component, the department shall assign a chaplain and a

23  full-time clerical support person dedicated to each dormitory

24  to implement and monitor the program and to strengthen

25  volunteer participation and support. By January 1, 2004, the

26  department shall submit an evaluation report to the Governor,

27  the President of the Senate, and the Speaker of the House of

28  Representatives on the faith-based dormitory program. The

29  report must contain the findings from an extensive and

30  scientifically sound evaluation of the program, including at

31  least a longitudinal followup of the inmates who have

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 1  successfully completed the program compared to other similar

 2  inmates who have not participated and an opinion survey of the

 3  faith-based service providers.

 4         (4)  Effective October 1, 2001, The Department of

 5  Corrections shall assign chaplains to community correctional

 6  centers authorized pursuant to s. 945.091(1)(b). These

 7  chaplains shall strengthen volunteer participation by

 8  recruiting volunteers in the community to assist inmates in

 9  transition, and, if requested by the inmate, placement in a

10  mentoring program or at a contracted substance abuse

11  transition housing program. When placing an inmate in a

12  contracted program, the chaplain shall work with the

13  institutional transition assistance specialist in an effort to

14  successfully place the released inmate.

15  

16         Reviser's note.--Amended to delete obsolete

17         language.

18  

19         Section 152.  Subsection (7) of section 948.09, Florida

20  Statutes, is amended to read:

21         948.09  Payment for cost of supervision and

22  rehabilitation.--

23         (7)  The department shall establish a payment plan for

24  all costs ordered by the courts for collection by the

25  department and a priority order for payments, except that

26  victim restitution payments authorized under s. 948.03(1)(e)

27  948.03(5) take precedence over all other court-ordered

28  payments. The department is not required to disburse

29  cumulative amounts of less than $10 to individual payees

30  established on this payment plan.

31  

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 1         Reviser's note.--Amended to improve clarity and

 2         facilitate correct interpretation. The

 3         referenced material is found in s.

 4         948.03(1)(e).

 5  

 6         Section 153.  Subsection (2) of section 948.30, Florida

 7  Statutes, is amended to read:

 8         948.30  Additional terms and conditions of probation or

 9  community control for certain sex offenses.--Conditions

10  imposed pursuant to this section do not require oral

11  pronouncement at the time of sentencing and shall be

12  considered standard conditions of probation or community

13  control for offenders specified in this section.

14         (2)  Effective for a probationer or community

15  controllee whose crime was committed on or after October 1,

16  1997, and who is placed on sex offender probation for a

17  violation of chapter 794, s. 800.04, s. 827.071, or s.

18  847.0145, in addition to any other provision of this section

19  subsection, the court must impose the following conditions of

20  probation or community control:

21         (a)  As part of a treatment program, participation at

22  least annually in polygraph examinations to obtain information

23  necessary for risk management and treatment and to reduce the

24  sex offender's denial mechanisms. A polygraph examination must

25  be conducted by a polygrapher trained specifically in the use

26  of the polygraph for the monitoring of sex offenders, where

27  available, and shall be paid for by the sex offender. The

28  results of the polygraph examination shall not be used as

29  evidence in court to prove that a violation of community

30  supervision has occurred.

31  

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 1         (b)  Maintenance of a driving log and a prohibition

 2  against driving a motor vehicle alone without the prior

 3  approval of the supervising officer.

 4         (c)  A prohibition against obtaining or using a post

 5  office box without the prior approval of the supervising

 6  officer.

 7         (d)  If there was sexual contact, a submission to, at

 8  the probationer's or community controllee's expense, an HIV

 9  test with the results to be released to the victim or the

10  victim's parent or guardian.

11         (e)  Electronic monitoring when deemed necessary by the

12  community control or probation officer and his or her

13  supervisor, and ordered by the court at the recommendation of

14  the Department of Corrections.

15  

16         Reviser's note.--Amended to improve clarity and

17         facilitate correct interpretation. The

18         referenced subsection was s. 948.03(5), which

19         was redesignated as s. 948.30 by s. 18, ch.

20         2004-373, Laws of Florida.

21  

22         Section 154.  Paragraph (a) of subsection (5) of

23  section 957.07, Florida Statutes, is amended to read:

24         957.07  Cost-saving requirements.--

25         (5)(a)  By February 1, 2002, and each year thereafter,

26  the Prison Per-Diem Workgroup shall develop consensus per diem

27  rates to be used when determining per diem rates of privately

28  operated prisons. The Office of Program Policy Analysis and

29  Government Accountability, the Office of the Auditor General,

30  and the staffs of the appropriations committees of both the

31  Senate and the House of Representatives are the principals of

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 1  the workgroup. The workgroup may consult with other experts to

 2  assist in the development of the consensus per diem rates. All

 3  meetings of the workgroup shall be open to the public as

 4  provided in chapter 286.

 5  

 6         Reviser's note.--Amended to delete obsolete

 7         language.

 8  

 9         Section 155.  Subsection (4) of section 958.045,

10  Florida Statutes, is amended to read:

11         958.045  Youthful offender basic training program.--

12         (4)  Upon admittance to the department, an educational

13  and substance abuse assessment shall be performed on each

14  youthful offender. Upon admittance to the basic training

15  program, each offender shall have a full substance abuse

16  assessment to determine the offender's need for substance

17  abuse treatment. The educational assessment shall be

18  accomplished through the aid of the Test of Adult Basic

19  Education or any other testing instrument approved by the

20  Department of Education, as appropriate. Each offender who has

21  not obtained a high school diploma shall be enrolled in an

22  adult education program designed to aid the offender in

23  improving his or her academic skills and earning a high school

24  diploma. Further assessments of the prior vocational skills

25  and future career vocational education shall be provided to

26  the offender. A periodic evaluation shall be made to assess

27  the progress of each offender, and upon completion of the

28  basic training program the assessment and information from the

29  department's record of each offender shall be transferred to

30  the appropriate community residential program.

31  

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 1         Reviser's note.--Reenacted to conform to ch.

 2         2004-357, Laws of Florida.

 3  

 4         Section 156.  Subsection (12) of section 985.404,

 5  Florida Statutes, is repealed.

 6  

 7         Reviser's note.--Repealed to delete a provision

 8         that has served its purpose. The referenced

 9         workgroup's recommendations regarding

10         development of a classification and placement

11         system for juvenile offenders committed to

12         residential programs was due by September 30,

13         2001.

14  

15         Section 157.  Section 1009.765, Florida Statutes, is

16  amended to read:

17         1009.765  Ethics in Business scholarships for community

18  colleges and independent postsecondary educational

19  institutions.--When the former Department of Insurance or the

20  Office of Insurance Regulation of the Financial Services

21  Commission receives a $6 million settlement as specified in

22  the Consent Order of the Treasurer and Insurance Commissioner,

23  case number 18900-96-c, that portion of the $6 million not

24  used to satisfy the requirements of section 18 of the Consent

25  Order must be transferred from the Insurance Regulatory Trust

26  Fund to the State Student Financial Assistance Trust Fund to

27  be is appropriated from the State Student Financial Assistance

28  Trust Fund to provide Ethics in Business scholarships to

29  students enrolled in public community colleges and independent

30  postsecondary educational institutions eligible to participate

31  in the William L. Boyd, IV, Florida Resident Access Grant

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 1  Program under s. 1009.89. The funds shall be allocated to

 2  institutions for scholarships in the following ratio:

 3  Two-thirds for community colleges and one-third for eligible

 4  independent institutions. The Department of Education shall

 5  administer the scholarship program for students attending

 6  community colleges and independent institutions. These funds

 7  must be allocated to institutions that provide an equal amount

 8  of matching funds generated by private donors for the purpose

 9  of providing Ethics in Business scholarships. Public funds may

10  not be used to provide the match, nor may funds collected for

11  other purposes. Notwithstanding any other provision of law,

12  the State Board of Administration shall have the authority to

13  invest the funds appropriated under this section. The State

14  Board of Education may adopt rules for administration of the

15  program.

16  

17         Reviser's note.--Amended to improve clarity.

18         Section 20.13, which created the Department of

19         Insurance, was repealed by s. 3, ch. 2003-1,

20         Laws of Florida, and the duties of the

21         Department of Insurance were transferred to the

22         Department of Financial Services or the

23         Financial Services Commission. The words "to

24         be" were substituted for the word "is" to

25         facilitate correct interpretation.

26  

27         Section 158.  Paragraph (h) of subsection (7) of

28  section 1012.796, Florida Statutes, is amended to read:

29         1012.796  Complaints against teachers and

30  administrators; procedure; penalties.--

31  

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 1         (7)  A panel of the commission shall enter a final

 2  order either dismissing the complaint or imposing one or more

 3  of the following penalties:

 4         (h)  Refer the teacher, administrator administer, or

 5  supervisor to the recovery network program provided in s.

 6  1012.798 under such terms and conditions as the commission may

 7  specify.

 8  

 9         Reviser's note.--Amended to improve clarity and

10         facilitate correct interpretation.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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